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Full text of "Minutes"


San Francisco Public Library 



GOVERNMENT INFORMATION CENTER 
SAN FRANCISCO PUBLIC LIBRARY 

REFERENCE BOOK 



Not to be taken from the Library 



Si Ij 



AGM-1094; AGM-1100 



SAN FRANCISCO ARTS COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 



AGENDAS AND MINUTES 



1 993 - 1 994 



3 1223 06257 1915 
3 1223 06257 1907 



City and County of 
San Francisco 




V 

K1 



,.ii 



25 Van Nest Avenue 

Suile 240 

San Francisco, Ca 94102 






/, 



STREET ARTISTS PROGRAM COMMITTEE 



/, 



/ Wednesday, January 20. 1993 

4:00 p.m. 

Art Commission Conference Room 
25 Van Ness Avenue 
Suite 70 
/San Francisco, California 



DOC IMFMTS DEPT 

JAN 2 1993 

SAN FRANCISCO 
PUBLIC LIBRARY 



/, 



*h 



N D 



II 



AUTHORIZATION FOR ADVISORY COMMITTEE OF STREET ARTISTS 
AND CRAFTSMEN EXAMINERS AND ART COMMISSION GALLERY 
DIRECTOR TO SCREEN THE ARTS AND CRAFTS OF STREET ART- 
ISTS FOR ONGOING EXHIBIT PROGRAM IN GALLERY 

DISCUSSION ON PROGRAM DIRECTOR'S REPORT ON ART COMMISSION'S 
AUTHORITY IN ADMINISTERING STREET ARTIST ORDINANCE 



III HEARING ON PROPOSALS FOR POLICY ON PRIORITY ISSUANCE OF 

CERTIFICATE 

IV REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN 

ISSUANCE OF CERTIFICATE 
A. Joan Lavin - Certificate #2984 expired December 5, 1992; 
Ms. Lavin ' s request was received January 4, 1993. 

V NEW BUSINESS 



2 48543 SFPL: ECONO JRS 
133 SFPL 09/27/02 u 



City and County 
of San Francisco 




$P /Arts Gw'isfW 



4 



STREET ARTISTS PROGRAM COMMITTEE 



Jai 



DOCI IMFNTS DEPT, 
JAN 27 1993 

SAN FRANCISCO 
PUBLIC LIBRARY 



25 Van Ness Avenue 

Suite 240 

San Francisco. CA 

94102 



ranuary 20, 1993 

Art Commission Conference Room 

Suite 70 

25 Van Ness Avenue 

San Francisco, California 

Ik 

Commissioners present: Aristides Demetrios, Terri Simon 

Commissioners absent: Genny Lim, Liza Zenni 

Commissioner Demetrios, Chairman, adjourned the meeting due to a 
lack of quorum but stated that he would stay to discuss any items 
relevant to street artist business. 

DISCUSSION ON ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN 
EXAMINERS AND ART COMMISSION GALLERY DIRECTOR SCREENING THE ARTS 
AND CRAFTS OF STREET ARTISTS FOR ONGOING EXHIBIT PROGRAM IN GAL- 
LERY. Art Commission Gallery Director Jason Tannen informed 
the Commissioners that Street Artists Program Director Howard 
Lazar and he had discussed the possibility of a four-week exhibit 
at the Gallery of street artists' crafts, each week featuring 
four to five artists. It could be a "temporary store" showcasing 
arts and crafts that may not necessarily be displayed on the 
streets. It could be a genesis for a future permanent "store" at 
the Gallery, which could provide a source of revenue as well as 
people - the artists - to watch the Gallery and keep its doors 
open. At present, due to budget cutbacks, the Gallery is open 
only two days a week. The "store" would be an additional 
attraction to pull passersby into the Gallery. Mr. Tannen said 
that the four-week project could commence June 10th. 

Commissioners Demetrios and Simon said that at the next full 
Commission meeting, they would ask the Commissioners to authorize 
the Advisory Committee of Street Artists and Craftsmen Examiners 
and the Gallery Director to screen the arts and crafts of street 
artists for an ongoing exhibit in the Gallery. 

PROGRAM DIRECTOR'S REPORT ON ART COMMISSION'S AUTHORITY IN ADMIN- 
ISTERING STREET ARTIST ORDINANCE. Street Artist E. J. Khazzoom 
told the Commissioners that she wanted to see more handcraf tsman- 
ship in the beadcraft sold on the streets. She added that she 
felt "beadcraft" was not a craft. While she uses 
commercially-manufactured beads in her necklaces, she makes own 
pendants - the dominant object - out of ceramic. If "beadcraft" 
should be deleted from the Program, she said, there should be a 
time period allowed before it is enforced. 



Commissioner Simon stated that, after reading Program Director 



STREET ARTISTS PROGRAM COMMITTEE - January 20, 1992 Page 2 



Lazar's report, she did not feel that the Art Commission could 
legally delete a craft from its licensing but does have the power 
to modify its criteria for the craft in order to ensure more 
creativity. At present, she said, policing the current criteria 
is a problem; added to this, is the problem of policing persons 
who do not even have a license to sell what they are selling. 

Street Artist Robert Clark clarified that there is a fine line 
between "handmade" and "hand-assembled." For example, a necklace 
composed entirely of commercially manufactured beads, whose 
arrangement may be conceived by the beadstringer , is not 
"handmade" but "hand-assembled." Its components were 
manufactured solely for the purpose of being strung together. On 
the other hand, an item could incorporate such components but 
would be considered "handmade" if it also incorporated components 
made entirely by the artist, or if it contained components that 
were not manufactured for the purpose of being used in the item - 
as, for example, found objects strung in the necklace. 

Commissioner Simon said she attended a screening of the Advisory 
Committee of Street Artists and Craftsmen Examiners and saw the 
Committee giving a strict review of beaded items submitted to 
them and did not allow many of these items. The problem is that 
some licensees have gotten away with selling the disapproved 
items . 

Ms. Khazzoom said the Commission should define its beadcraft 
criteria in such a way as to ensure that people use materials 
creatively. 

Commissioner Demetrios stated that his mother, who had operated a 
crafts studio of many artists in Massachusetts, had a rule: each 
artist had to produce something new every year. 

Mr. Clark stated that, after discussion with the Program 
Director, he found that what Mr. Lazar wants is an easier way to 
enforce the work being sold on the streets: it should be apparent 
to anyone - staffperson or the public - that an item is 
distinctive and "different" from everyone else's because it 
incorporates the artist's own handcrafted components. 

He went on to say that there is much imported jewelry on the 
streets that is forcing the hard-working artists off the streets. 
He said that "we want to get that out of the Program without 
hurting the people who may be starting out at a lower level try- 
ing to progress and develop" their craft. 






STREET ARTISTS PROGRAM COMMITTEE - January 20, 1993 Page 3 



Ms. Khazzoom said she is impressed with the quality of work shown 
by the new street artists; "the tone of the Program," she said, 
"affects us all." 

Street Artist William Clark stated that what his brother Robert, 
Program Director Lazar, and he were trying to do is actually make 
the criteria simple. 

Commissioner Simon said that when she went out to visit the 
street artists with Mr. Lazar, she observed that he knew every 
artist and his or her work; he would therefore be able to know 
right away who would qualify or not qualify under new criteria. 

Ms. Khazzoom said that the Program Director needed new language 
in the criteria "to get those earrings off the street." 

Mr. William Clark stated that there is a willingness among the 
artists to police themselves to some degree. If someone sees 
something illegal being sold by someone in the group, a 
telephone call to Mr. Lazar could result in an investigation of 
the work. Mr. Clark went on to say that he had opposed the Art 
Commission's past allowances of time periods for artists to 
comply with new criteria because it allowed people who did not 
handcraft their work to continue to hurt those who did. However, 
if the Commission were to adopt a sixty-day period for artists to 
comply, he would accept it because it would show that the 
Commission was not trying to put anyone out of business. 

Commissioner Demetrios said that his colleagues and he are new 
Commissioners who take their job seriously, and that the way they 
can help to improve matters is to talk with and listen to the 
artists. If a proposal were drafted, he would send it out to all 
the artists to get a reaction. There would then be another 
hearing to determine what is fair to everyone - the artists, as 
well as the people of the city and county of San Francisco. 

He went on to say that "the imprint of the artist's eye is the 
decision, the reason he chooses this over that gives an 
exclusively crafted thing that no other sensibility can 
That's unique ..." and cannot be found in the stores. 

Ms. Khazzoom stated that she has returning customers who come to 
San Francisco and buy first from her and then from the stores. 
However, she said, when she entered the Program nine years ago, 
her work was mediocre. It then grew in the Program: "I never 
could have done it in any other setting . . . Some of us design 
things and get copied elsewhere." If the Program could be 
cleaned up where there are really artists on the streets, the 



STREET ARTISTS PROGRAM COMMITTEE - January 20, 1993 Page 4 



Program would be an asset to the store merchants. She felt that 
this was the main reason "we should clean ourselves up." 

Commissioner Demetrios said there are ways to improve the 
criteria. One way is to design the perameters of each craft. 
Another way is to generalize what "good craft" is all about; not 
all the craftd on the streets may fit what is defined as a "good 
craft." 

Mr. William Clark said that the dictionary's definition of "art" 
and "craft" includes the word "skill." He added that "when you 
look at something, you know if there's some skill involved or 
not." He proposed that the Commission eventually consider one 
category for "jewelry," rather than the present categories of 
"beadcraft," "cast jewelry," "fabricated jewelry." 

Mr. Robert Clark said that, by law, the Commission cannot judge 
street art on the basis of "quality," but that the question 
really isn't about "quality" but whether an item is "handcrafted" 
or not. 

Commissioner Demetrios stated that what the Commission defines 
today may have to be revised in a couple of years. "Whenever you 
deal with the arts, once you try to pin it down and get it on a 
piece of paper, you're doomed ... We have to have an on-going 
dialogue about what it is." 

Commissioner Simon noted that, according to the street artist 
ordinance, a street artist may sell only a handcrafted item when 
it is "predominantly created or significantly altered by the 
street artist." 

In response to this, Mr. Robert Clark said that what has happened 
is that many licensees have taken a commercially manufactured 
pendant and added some beads to it and have said that this 
represents "significantly" altering the pendant. Added to this 
problem is that this type of licensee is able to take a space on 
the street, edging out someone who handcrafts his or her own 
work. When the Program started, he said, the concept was that an 
artist required three or four days in his workshop to make his 
craft; he wouldn't be able to be out selling seven days a week. 
Everyone would, therefore, have an opportunity to sell in the 
limited number of designated spaces. However, through the years, 
because more and more of the "quasi-craft items" have been 
allowed to be sold, there are 50 to 100 licensees who do not have 
to be in their studios to make their craft but can sell it seven 
days a week. For every lottery of spaces attended by, for 
example, 150 artists, twenty or thirty of the borderline-craft 



STREET ARTISTS PROGRAM COMMITTEE - January 20, 1993 Page 5 



licensees are able to obtain all the prime selling spaces more 
often than the other craftspeople. That is why when a person 
walks down the street, what he or she sees being sold looks like 
the same item sold every day even though the faces may change. 
The new licensees, who do spend three or four days in their 
workshops, come down to the lottery once or twice a week and have 
to compete every time with the group of twenty to thirty 
licensees whose "craft" allows them to sell seven days a week. 
"It's very rare when you can get the best of the prime locations 
because there is always this group which monopolizes" the 
lottery. 

Mr. Clark acknowledged that, at present, the Advisory Committee 
had turned away applicants for licenses because the Committee did 
not feel that the items shown were handcrafted. The Committee, 
backed up by the Commission, could apply this discernment to the 
wares of all current licensees. 

Discussion ended at 5:21 p.m. 

Respectfully submitted: 



yffU/&/LK^ <^&>Zt 



Howard Lazar 

Director 

Street Artists Program 



i City and County 
of San Francisco 




SP c 



25 Van Ness Avenue 

Suite 240 

San Francisco, CA 

94102 

(415)554-9671 
(415) 621-3868 FAX 



Sr Art's G>*Wi<>>rt>A) 



w\ 



DOCUMENTS DEPT. 
FEB 1 8 1993 



STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, February 24, 1993 
4:00 p.m. 

Art Commission Conference Room 

25 Van Ness Avenue 

Suite 70 (basement area) 

San Francisco, California 

v A G E N D A 



SAN FRANCISCO 
PUBLIC LIBRARY 



MAYOR 

Frank M. Jordan 



COMMISSIONERS 

Anne Heaty 
President 

John Kriken 
Vice President 

Nancy Bechtle 
Aristides Demetrios 
Abnzo King 
Willis Kirk 

Robert F. LaRocca 
Genny Urn 
RalY.Okamoto 
Dodie Rosekrans 
Terri Simon 
Liza Zennl 



EX OFFICIO MEMBERS 
Presidents of the 
Fine Arts Museums 
Library Commission. 
Planning Commbsion. 
Recreation and Park 
Commission 



DIRECTOR OF 
CULTURAL AFFAIRS 
Joanne Chow Winship 



PROGRAMS 
ArtHouse 

Civic Art Collection 
Civic Design Review 
Community Arts 
and Education 
POPS Concerts 
Public Art Program 



Street Artists Licenses 
Suite 70 
(415)554-9677 



I HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. John Hulton - Certificate # 4311. Alleged violations: 
(1) Displaying items not of the artist's own creation 
(feather earrings; rings; pendants) - 9/4, 10/23, 
12/23/92; (2) Selling without a certificate - 9/4/92. 

B. Tamar Sarkissoff - Certificate # 3506. Alleged violation: 
Selling in a location (Geary Street) not designated 

by Board of Supervisors - 12/18/92. 

C. David Jones - Certificate # 4052. Alleged violation: 
Selling in a space ("Geary 6") obtained by another artist 
through the lottery (violation of Section 2406(h), Ord. 
41-83) - 12/18/92. 

D. Juana Andrango - Certificate # 4170. Alleged violations: 
(1) Selling in a location (Stockton St., O'Farrell to 
Market) not designated by Board of Supervisors; (2) 
Selling while under suspension of certificate - 12/18/92. 

E. Abraham Pando - Certificate # 4281. Alleged violation: 
Selling in a location (Stockton St., O'Farrell to Market) 
not designated by Board of Supervisors - 12/18/92. 

II (FROM PROGRAM DIRECTOR) DISCUSSION REGARDING ART COMMISSION 
RESOLUTION NO. 1982-206 (ADOPTED JULY 12, 1982) AUTHOR- 
IZING DIRECTOR OF CULTURAL AFFAIRS TO MAKE ART COMMISSION 
OFFICE AVAILABLE TO SUPPORT EFFORTS OF STREET PERFORMERS, 
POLICE, AND MERCHANTS TO RESOLVE THE PROBLEM OF STREET 
PERFORMER SIDEWALK CONGESTION IN FISHERMAN'S WHARF AREA ; 
ART COMMISSION RESPONSIBILITY FOR PRINTING AND DISTRICUTING 
"GUIDELINES FOR SIDEWALK PERFORMING" 

III NEW BUSINESS 



Gallery 

155 Grove Street 

(415)554-9682 




Clfy and County 
of San Francisco 




25 Van Ness Avenue 

Suite 240 

San Ffancisco. CA 

94102 

(415)554-9671 
(415)621-3868 FAX 



SAN FRANCISCO ART COMMISSION 
ACCESSIBLE MEETING POLICY 

1. Full Commission Meetings, and individual Committee 
Meetings of the Art Commission will be held at 25 Van Ness 
Avenue, Suite 70, San Francisco, CA . Twenty Five Van Ness 
is located on the corner of Oak and Van Ness. Suite 70, 
basement level , can be accessed by the two main elevators in 
the lobby of the building. 



PROGRAMS 
Civic Art Collection 
Civic Design Review 
Community Arts 
and Education 
POPS Concerts 
Public Art Program 



Street Artists Licenses 
Suite 70 
(415)554-9677 



Gallery 

155 Grove Street 

(415)554-9682 



2. The closest accessible BART Station is the Civic Center 
Station located at the intersection of Market, Hyde and 
Grove Street. Accessible MUNI Metro lines serving this 
location are the J,K,L,M, and N which stop at Van Ness 
Avenue and Market Street, one-half block from the Art 
Commission offices. Accessible MUNI lines serving the 
corner of Van Ness and Market are 9, 26, and 42. for more 
information regarding MUNI accessible services, please call 
(415) 923-6142. 

3. American sign language interpreters and/or a sound 
enhancement system will be available upon request at 
meetings. Please contact Sonia Gray in the Community Arts 
and Education Program at (415) 554-9671 at least 72 hours 
prior to meeting. Late requests will be honored in 
possible . 



Art House 

Fort Mason Center 

Building C 

San Francisco. CA 

94123-1382 

(415)885-1194 



4. To allow individuals with environmental illness or 
multiple chemical sensitivity to attend any meetings, 
individuals are requested to refrain from wearing perfume or 
other scented products. 

5. Accessible curbside parking has been designated on Oak 
Street between Van Ness Avenue and Franklin Street. 

6. Accessible seating for persons with disabilities 
(including those using wheelchairs) will be available. 




^:iy ana county ot 

San Francisco K 1/ 







10. 



STREET ARTISTS PROGRAM COMMITTEE 



February 



1993 



IS V.in Nc;<, Avpnur 

Suite 2-10 

S.in Francisco, ( ,i l MI()2 



' ' Art Commission Conference Room 
Suite 70 
; 25 Van Ness Avenue 
/San Francisco, California 



0OC1 IMFMTS DEPT, 

MAR 1 5 1993 

SAN FRANCISCO 
PUBLIC LIBRARY 



San Francisco, 

^/m I n u 



E 



Commissioners present: Terri Simon, Nancy Bechtle, Liza Zenni 

Commissioners absent: Aristides Demetrios 

Staff present: Director of Street Artists Program Howard Lazar 

Commissioner Simon acted as Chairperson, called the meeting to 
order at 4:00 p.m., and welcomed Commissioner Bechtle to the 
Committee . 

I HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. John Hulton - Certificate # 4311. Alleged violations: (1) 
displaying items not of the artist's own creation 
feather earrings; rings; pendants) - 9/4, 12/23/92; (2) 
selling without a certificate - 9/4/92; (3) selling in an 
illegal location - 9/4/92. 

Program Director Lazar presented his report and photos of 
alleged violations. In addition, he submitted an earlier 
written complaint and photos of Mr. Hulton 1 s activities 
submitted by street artist John Bass on March 23, 1992. 
By the time the Street Artists Program Committee was able 
to schedule a hearing on the complaint, Mr. Hulton had 
let his certificate expire, and no action could be taken. 
He received a new certificate on October 7, 1992. Prior 
to this, however, the Program Director on September 4, 
1992 found him selling commercially manufactured 
merchandise in an illegal public location and without a 
license. On December 23, 1992, Mr. Hulton was again 
found selling merchandise not of his own creation. 

The Commissioners reviewed the evidence and noted that 
the Art Commission's "Hearing Procedure of Street Artist 
Violations" provided that, in the event an artist fails 
to appear at his/her hearing, the Committee may recommend 
the penalties for the violations for which the artist has 
been charged, and that this was stated in the Program's 
notice of hearing sent to Mr. Hulton. 

Commissioner Zenni moved that it be recommended that John 
Hulton be found in violation of the street artist ordin- 



STREET ARTISTS PROGRAM COMMITTEE - February 24, 1993 Page 2 



ance by displaying items not of the artist's own 
creation, selling in an illegal location, and selling 
without a certificate, and that Mr. Hulton's certificate 
be suspended for a period of two months and three weeks 
commencing July 1, 1993; the motion was seconded by Com- 
missioner Bechtle and unanimously approved. 

B. Tamar Sarkissoff - Certificate # 3506. Alleged violation: 
selling in a location (Geary Street) not designated by 
Board of Supervisors - 12/18/92. The Program Director 
p~;sented his report and photo of the alleged violation. 

Ms. Sarkissoff stated that, on the day of the incident, 
she obtained a legal selling space on Grant Avenue but 
decided to occupy a former temporary Christmas space on 
Geary Street for better business. When Mr. Lazar appeared 
and told her she was in violation, she said she knew she 
was wrong but that it was Christmas and there had been a 
lot of rain. After he left, she packed up and went back 
to her Grant Avenue space. 

Commissioner Zenni moved that it be recommended that 
Tamar Sarkissoff be found in violation of the street 
artist ordinance by selling in a location not designated 
by the Board of Supervisors, and that Ms. Sarkissoff' s 
certificate be suspended for a period of three weeks com- 
mencing July 1, 1993; the motion was seconded by 
Commissioner Bechtle and unanimously approved. 

D. David Jones - Certificate § 4052. Alleged violation: 
selling in a space ("Geary 6") obtained by another artist 
through the lottery - 12/18/92. The Program Director pre- 
sented his report and photo of the alleged violation and 
stated that on the day of the incident he found that the 
rightful "owner" (through the street artist lkottery) of 
selling space "Geary 6" was Robert Turcotte who told him 
that Mr. Jones had refused to vacate the space. 

Mr. Turcotte testified that it was not correct that Mr. 
Jones had refused to leave because he, Mr. Turcotte, had 
not asked him to do so. Mr. Jones, he said, knew that on 
some occasions Mr. Turcotte had not shown up to occupy 
his space. If there was going to be a suspension, he 
should share it with Mr. Jones. He added that Mr. Lazar 
had previously informed the artists at the lottery that 
the Commission and he would be looking for strict 
adherance to the rules during the Christmas season and 
that he had made himself very clear about the rules. 



STREET ARTISTS PROGRAM COMMITTEE - February 24, 1993 Page 3 



Mr. Jones stated that last year he had sold on Geary 
Street three hundred times and had watched people selling 
illegally next to him. This was the first time, he said, 
that he set up illegally and was penalized for it. He 
said that he and Mr. Turcotte were "more or less" selling 
in the same space. 

Commissioner Bechtle moved that it be recommended that 
David Jones and Robert Turcotte be found in violation of 
the street artist ordinance by exceeding the display 
length regulation, and that Mr. Jones' and Mr. Turcotte 1 s 
certificates be suspended for a period of one week 
commencing July 1, 1993; the motion was seconded by 
Commissioner Zenni and unanimously approved. 

C. Juana Andrango - Certificate # 4170. Alleged violations: 
(1) selling in a location (Stockton Street, O'Farrell to 
Market) not designated by the Board of Supervisors, 
second offense; (2) selling while under suspension of 
certificate - 12/18/92. The Program Director presented 
his report and photo of the alleged violations and stated 
that on September 2, 1992, the Art Commission found that 
Ms. Andrango had violated the street artist ordinance by 
(1) selling in an illegal location, (2) displaying items 
not of her own creation, and (3) displaying items not 
certified by the Art Commission, and suspended her 
certificate from September 17, 1992 through January 14, 
1993. 

Ms. Andrango said that she was selling because she had no 
other job and needed the money. 

Street artist Diana Manley testified that on the day of 
the incident, she saw Ms. Andrango set up in front of The 
Emporium, and that she told Ms. Manley that her (Ms. 
Andrango' s) items were from Guatemala. 

Commissioner Zenni moved that it be recommended that 
Juana Andrango be found in violation of the street artist 
ordinance by selling in an illegal location, second 
offense, and selling while under suspension of 
certificate, and that Ms. Andrango's certificate be sus- 
pended for a period of three months and two weeks 
commencing July 1, 1993; the motion was seconded by 
Commissioner Bechtle and unanimously approved. 

D. Abraham Pando - Certificate # 4281. Alleged violation: 
selling in a location (Stockton Street, O'Farrell to Mar- 



STREET ARTISTS PROGRAM COMMITTEE - February 24, 1993 Page 4 



ket) not designated by the Board of Supervisors 
12/18/92. Program Director Lazar presented his report 
and photo of the alleged violation. Mr. Pando was not 
present. It was noted that, according to the Art Commis- 
sion's "Hearing Procedure of Street Artist Violations," 
in the event an artist fails to appear at his/her 
hearing, the Program Committee may give a recommendation 
of the penalty for the violation for which the artist has 
been charged, and that this was stated in the Program's 
notice of hearing mailed to Mr. Pando. 

Commissioner Zenni moved that it be recommended that 
Abraham Pando be found in violation of the street artist 
ordinance by selling in a location not designated by the 
Board of Supervisors, and that Mr. Pando 's certificate be 
suspended for a period of three weeks commencing July 1, 
1993; the motion was seconded by Commissioner Bechtle and 
ur.u.'iimously approved. 

II DISCUSSION REGARDING ART COMMISSION RESOLUTION NO. 1982-206 
(ADOPTED JULY 12, 1982) AUTHORIZING DIRECTOR OF CULTURAL AF- 
FAIRS TO MAKE ART COMMISSION OFFICE AVAILABLE TO SUPPORT EF- 
FORTS OF STREET PERFORMERS, POLICE, AND MERCHANTS TO RESOLVE 
THE PROBLEM OF STREET PERFORMER SIDEWALK CONGESTION IN FISH- 
ERMAN'S WHARF AREA 

Program Director Lazar explained how the Art Commission in 
1982 held a hearing to try to legitimize the street 
performers and that the performers protested against any 
proposal to license, regulate, or restrict them to legal 
spaces. On their own, they negotiated with the Police and 
drafted a list of "Guidelines for Sidewalk Performing" which 
was reviewed by the City Attorney's office. The Art 
Commission passed a resolution to hand out the guidelines to 
performers as a courtesy to the performers and the 
community. Eleven years later, the Commission's Street Art- 
ists Program was still handing out the guidelines and 
receiving no remuneration for the costs of their printing 
and staff time in answering performers' questions. Also, in 
recent years, some performers were seeking advice on how a 
licensing procedure could be established to lend order to 
the chaos and sometimes violence among performers struggling 
with each other for spaces and drowning each other out with 
their "music." 

At the same time, many merchants have complained to Mr. 
Lazar about the disruptive activities of the performers. In 
addition, he himself had observed the sidewalk congestion 



STREET ARTISTS PROGRAM COMMITTEE - February 24, 1993 Page 5 



and pub 1 .' c safety hazards caused by many performers at the 
Wharf. 

Ms. Lynn Valente of the Greater Market Street Development 
Association stated that her organization wanted to help the 
Art Commission with the performers problem, that her group 
did not want to see street music removed but that there 
should be an ordinance passed, making the performers subject 
to rules similar to those of the street artists, as well as 
rules governing decibel levels and the duration of time in 
which a performer may occupy one location. She added that 
her Association wanted to start on this project immediately 
and wanted to see a self-supporting program like the Street 
Artists Program. 

Commissioner Zenni stated that Ms. Valente ' s Association 
should spearhead the project, that the Art Commission, whose 
duties were now extremely full, could not take on the 
proj ect . 

Ill NEW BUSINESS 

Castro Street spaces. Street Artist Diana Manley stated 
that the temporary Christmas spaces at Harvey Milk Plaza for 
the artists were expiring, and she wanted to see spaces on 
the upper level of the Plaza, now occupied by non-profit 
solicitors, to be designated for street artist usage. She 
will draw and submit a map to the Program Committee. 

Number of street artist licensees. Street Artist Larry 
Rosenbloom asked that the Art Commission reduce the number 
of street artist licensees by not screening and certifying 
the present rate of newcomers, in order to allow for a 
better opportunity in the lotteries to obtain selling 
spaces. He invited the Commissioners to come to a Saturday 
lottery and see how many artists participate for too few 
prime spaces. 

Special Law Enforcement Services at Christmas. Street Artist 
Virginia Burris objected to the use of street artist fees 
paid to Police officers to confiscate the merchandise of 
non-street artist vendors during the last Christmas season. 
She objected on the grounds that it was not within the Art 
Commission's jurisdiction to have done so. Program Director 
Lazar responded by quoting passages of the street artist 
ordinance which discuss the unlawfulness of any person 
selling without either a street artist license or a 
peddler's license (issued by the Police) and also provide 



STREET ARTISTS PROGRAM COMMITTEE - February 24, 1993 Page 6 



for the street artist fees to pay for Police for the purpose 
oi enforcing the ordinance. 

The Committee acknowledged a recently received letter from 
Vice President and General Manager Jon S. Handlery of The 
Handlery Union Square Hotel, commending the "members of the 
Street Artists Program on the special law enforcement 
service in Union Square this past December" which "was 
greatly appreciated by street vendors and local businesses 
alike." 

The meeting adjourned at 6:15 p.m. 

Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program 






City and County of 
San Francisco 




ft»P> 



JS V.m Nr« Avenue 

Suile 240 

S.in I r.inc is( i). ( .i 'MIOJ 



/// STREET ARTISTS PROGRAM COMMITTEE 



Wednesday , _ March 10, 1993^ ) 
4:0(ri>7m. 

//Art Commission Conference Room 
25 Van Ness Avenue 
Suite 70 (basement area) 
I San Francisco, California 



in, 



y> 



N D 



DOCUMFMJS DEPT 
MAR o 8 1993 

SAN FRANCISCO 
PUBLIC LIBRARY 



HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. Chao Ju Chang - Certificate # 3180. Alleged violation: 
Selling in a location (Sansome Street, Sutter to Bush) 
not designated by Board of Supervisors - 12/18/92. 

B. Vadim Cherner - Certificate § 4153. Alleged violation: 
Selling in a location (Sansome Street, Sutter to Bush) 
not designated by Board of Supervisors - 12/18/92. 

C. Joe Russo - Certificate # 4164. Alleged violation: 
Selling in a location (Sansome Street, Sutter to Bush) 
not designated by Board of Supervisors - 12/18/92. 

D. John Dobson - Certificate § 4309. Alleged violations: 

(1) Selling in a location (Sansome Street, Sutter to 
Bush) not designated by Board of Supervisors - 12/18/92; 

(2) Improper conduct of business (verbal harrassment/ 
interference with another artist's business) - 12/23, 
12/24/92. 

E. Gerri McGillicuddy - Certificate # 3326. Alleged viola- 
tions: (1) Selling in a location (Stockton Street, west 
side, O'Farrell to Market) not designated by Board of 
Supervisors - 12/23/92; (2) Exceeding display size regu- 
lation - 12/23/92. 



II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE 

A. Lucinda Page - Certificate § 4313 expired 1/15/93; her 
request for priority was received by office 2/24/93. 

B. Enrique Perez - Certificate # 3421 expired 2/9/93; his 
request for priority was received by office 3/1/93. 

C. William Kaufman - Certificate # 1778 expired 2/5/93; 
his request was received by office 3/1/93. 



Ill NEW BUSINESS 



City and County 
of San Francisco 




25 Van Ness Avenue 

Suite 240 

San Francisco. CA 

94)02 

(415)554-9671 
(415) 621-3868 FAX 



SAN FRANCISCO ART COMMISSION 
ACCESSIBLE MEETING POLICY 

1. Full Commission Meetings, and individual Committee 
Meetings of the Art Commission will be held at 25 Van Ness 
Avenue, Suite 70, San Francisco, CA . Twenty Five Van Ness 
is located on the corner of Oak and Van Ness. Suite 70, 
basement level , can be accessed by the two main elevators in 
the lobby of the building. 



FROG RAMS 
Civic Ait Collection 
Civic Design Review 
Community Arts 
and Education 
POPS Conceits 
Public Ait Progiam 



Sheet Aitists Licenses 
Suite 70 
(415)554-9677 



Gallery 

155 Grove Street 

(415)554-9682 



2. The closest accessible BART Station is the Civic Center 
Station located at the intersection of Market, Hyde and 
Grove Street. Accessible MUNI Metro lines serving this 
location are the J,K,L,M, and N which stop at Van Ness 
Avenue and Market Street, one-half block from the Art 
Commission offices. Accessible MUNI lines serving the 
corner of Van Ness and Market are 9, 26, and 42. for more 
information regarding MUNI accessible services, please call 
(415) 923-6142. 

3. American sign language interpreters and/or a sound 
enhancement system will be available upon request at 
meetings. Please contact Sonia Gray in the Community Arts 
and Education Program at (415) 554-9671 at least 72 hours 
prior to meeting. Late requests will be honored in 
possible . 



Ait House 

Foit Mason Center 

Building C 

San Fiancisco, CA 

94123-1382 

(415)885-1194 



4. To allow individuals with environmental illness or 
multiple chemical sensitivity to attend any meetings, 
individuals are requested to refrain from wearing perfume or 
other scented products. 

5. Accessible curbside parking has been designated on Oak 
Street between Van Ness Avenue and Franklin Street. 

6. Accessible seating for persons with disabilities 
(including those using wheelchairs) will be available. 







City and County 
of San Francisco 




WW 



25 Van Ness Avenue 

Suite 240 

San Francisco. CA 

94102 

(415)554-9671 
(415) 621-3868 FAX 



fc 



STREET ARTISTS PROGRAM COMMITTEE 



March 10, 199i 

Art CornmTslTion Conference Room 
2 5 Van Ness Avenue 
Suite 70 
/San Francisco, California 



M 



N U T E 



DOCUMENTS DEPT. 
APR - 1 1993 

SAN FRANCISCO 
PUBLIC LIBRARY 



Commissioners present: Aristides Demetrios, Nancy Bechtle, Terri 

Simon, Liza Zenni 



Staff present 



Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Butt 



Commissioner Demetrios, Chairman, called the meeting to order at 
4: 00 p.m. 

I AMENDMENT TO SUSPENSIONS RECOMMENDED AT 2/24/93 MEETING 

Program Director Lazar reported that he had received clarif- 
ication from the City Attorney's office that the Art 
Commission at the present time could not make a suspension 
period for a street artist violation commence at any time 
other than fifteen days after the Art Commission's 
resolution. This is because the Commission's "Hearing 
Procedure" states that any suspension or revocation 
commences two weeks after the Commission's resolution, and 
currently there is no provision for a suspension to begin, 
for example, a few months from now in the summer. To do so, 
the Commission would have to amend its "Hearing Procedure" 
to allow for a suspension to be set for a later time. The 
Program Director said that, for the next Program Committee 
meeting, he would submit an amendment that would allow the 
Commission to set a suspension period for any time within 
one year of the Commission's resolution. 

Commissioner Zenni moved that the recommendations of suspen- 
sion periods made at the meeting of February 24, 1993 for 
violations of the street artist ordinance committed by John 
Hulton, Tamar Sarkissoff, David Jones, Robert Turcotte, 
Juana Andrango, and Abraham Pando be amended by deleting the 
words "commencing July 1, 1993"; the motion was seconded by 
Commissioner Simon and unanimously approved. 



II REQUESTS BY FORMER CERTIFICATE-HOLDERS 
ISSUANCE OF CERTIFICATE 



FOR PRIORITY IN 



A. Lucinda Page - Certificate it 4313 expired 1/15/93; Ms. 
Page's request for priority was received by the Program 
office on 2/24/93. Commissioner Simon moved that Ms. 



STREET ARTISTS PROGRAM COMMITTEE - March 10, 1993 Page 2 



Page's request be approved; the motion was seconded by 
Commissioner Zenni and unanimously approved. 

B. Enrique Perez - Certificate # 3421 expired 2/9/93; Mr. 

Perez's request was received by the Program office on 
3/1/93. Commissioner Simon moved that Mr. Perez's 
request be approved; the motion was seconded by 
Commissioner Zenni and unanimously approved. 

C. William Kaufman - Certificate # 1778 expired 2/5/93; Mr. 

Kaufman's request was received by the Program office on 
3/1/93. Commissioner Simon moved that Mr. Kaufman's 
request be approved; the motion was seconded by Commis- 
sioner Zenni and unanimously approved. 

D. Tokunbo Howard - Certificate # 3752 expired 2/9/93; Ms. 

Howard's request was received by the Program office on 
3/8/93. Commissioner Simon moved that Ms. Howard's 
request be approved; the motion was seconded by 
Commissioner Zenni and unanimously approved. 

E. Patsy Leal-Snell - Certificate # 4327 expired 2/3/93; 

Ms. Leal-Snell 's request was received by the Program 
office on 3/1/93. Commissioner Simon moved that Ms. 
Leal-Snell 's request be approved; the motion was 
seconded by Commissioner Zenni and unanimously approved. 

F. Rafael Mendoza - Certificate # 4041 expired 10/25/92; Mr. 
Mendoza ' s request was received by the Program office on 
3/8/93. Mr. Mendoza, through an interpreter, stated that 
he was incarcerated at the San Bruno jail from October 24 
to December, 1992, when his certificate expired. After 
being released, he became quite ill and had no money to 
support himself or his family in Peru. Now that he was 
feeling better, he wanted to work; he said he would sell 
only that which had been approved previously for him to 
sell: his woven-name bracelets. 

Commissioner Bechtle moved that Mr. Mendoza ' s request be 
approved; the motion was seconded by Commissioner Simon 
and unanimously approved. 

Commissioner Bechtle moved that an examination of Mr. 
Mendoza 's previously approved woven-name bracelets be 
waived; the motion was seconded by Commissioner Simon and 
unanimously approved. 

Ill HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 



STREET ARTISTS PROGRAM COMMITTEE - March 10, 1993 Page 3 



A. Chao Ju Chang - Certificate if 3180. Alleged violation: 
selling in a location (Sansome Street, Sutter to Bush) 
not designated by the Board of Supervisors - 12/18/92. 

Program Director Lazar presented his report that Officer 
David Albright and he, while on patrol in the Downtown 
area on December 18th, witnessed Mr. Chang selling in the 
illegal location. Officer Albright testified to this and 
said that the sidewalk of Sansome Street, Sutter to Bush, 
was filled with (illegal) vendors.* 

Street Artist Sally Rowley testified that, prior to the 
incident, Mr. Chang had been set up in a legal street 
artist space on Market Street, adjacent to the Chevron 
building, and was packing up to leave when she arrived. 
She said she pressured him to leave so that she could use 
the space, saw him move to Sansome Street, and now felt 
partly responsible for his being cited. 

Mr. Chang testified that he was observed, he was packing 
up. This was refuted by both Officer Albright and Mr. 
Lazar who stated that Mr. Chang's table was filled with 
items on display. 

Commissioner Simon moved that it be recommended that Chao 
Ju Chang be found in violation of the street artist 
ordinance by selling in a location not designated by the 
Board of Supervisors, and that Mr. Chang's certificate be 
suspended for a period of three weeks; the motion was 
seconded by Commissioner Bechtle and unanimously 
approved. 

B. Vadim Cherner - Certificate # 4153. Alleged violation: 
selling in a location (Sansome Street, Sutter to Bush) 
not designated by the Board of Supervisors - 12/18/92. 

Program Director Lazar presented his report that, on 
December 18th, Officer David Albright and he witnessed 
Mr. Cherner selling in the illegal location. Officer 
Allbright testified that on that date and time Mr. 
Cherner was selling in the stated location. 

Mr. Cherner was not present. It was noted that, according 
to the Art Commission's "Hearing Procedure of Street 
Artist Violations," in the event an artist fails to 



* It was a mixed group of licensed street artists and 
non-licensed vendors. (H.L.) 



STREET ARTISTS PROGRAM COMMITTEE - March 10, 1993 Page 4 



appear at his/her hearing, the Program Committee may give 
a recommendation of the penalty for the violation for 
which the artist is charged, and that this was stated in 
the Program's notice of hearing mailed to Mr. Cherner. 

Commissioner Simon moved that it be recommended that 
Vadim Cherner be found in violation of the street artist 
ordinance be selling in a location not designated by the 
Board of Supervisors, and that Mr. Cherner ' s certificate 
be suspended for a period of three weeks; the motion was 
seconded by Commissioner Bechtle and unanimously 
approved. 

C. Joe Russo - Certificate # 4164. Alleged violation: sell- 
in a location (Sansome Street, Sutter to Bush) not desig- 
nated by Board of Supervisors - 12/18/92. 

Program Director Lazar presented his report that, on Dec- 
ember 18th, Officer David Albright and he witnessed Mr. 
Russo selling in the illegal location. Officer Albright 
testified that on that date and time Mr. Russo was 
selling in the stated location. 

Mr. Russo was not present. It was noted that, according 
to the Art Commission's "Hearing Procedure," in the event 
an artist fails to appear at his/her hearing, the Program 
Committee may give a recommendation of the penalty for 
the violation for which the artist has been charged, and 
this was stated in the Program's notice of hearing mailed 
to Mr. Russo. 

Commissioner Zenni moved that it be recommended that Joe 
Russo be found in violation of the street artist 
ordinance by selling in a location not designated by the 
Board of Supervisors, and that Mr. Russo' s certificate be 
suspended for a period of three weeks; the motion was 
seconded by Commissioner Bechtle and unanimously 
approved. 

D. John Dobson - Certificate # 4309. Alleged violations: (1) 
selling in a location (Sansome Street, Sutter to Bush) 
not designated by the Board of Supervisors - 12/18/92; 
(2) improper conduct of business (verbal 
harrassment/interf erence with another artist's business) 
- 12/23, 12/24/92. 

With regard to the first alleged violation, Program 
Program Director Lazar presented his report that, on Dec- 



STREET ARTISTS PROGRAM COMMITTEE - March 10, 1993 Page 5 



ember 18th, Officer David Albright and he witnessed Mr. 
Dobson selling in the illegal location. Officer Albright 
testified that on that date and time Mr. Dobson was sell- 
ing in the stated location. 

Mr. Dobson was not present. It was noted that, according 
to the Art Commission's "Hearing Procedure," in the event 
an artist fails to appear at his/her hearing, the Program 
Committee may give a recommendation of the penalty for 
the violation for which the artist has been charged, and 
that this was stated in the Program's notice of hearing 
mailed to Mr. Dobson. 

Commissioner Simon moved that it be recommended that John 
Dobson be found in violation of the street artist 
ordinance by selling in a location not designated by the 
Board of Supervisors, and that Mr. Dobson ' s certificate 
be suspended for a period of three weeks; the motion was 
seconded by Commissioner Zenni and unanimously approved. 

With regard to the second alleged violation, the 
Committee reviewed the written complaint submitted by 
Street Artist Eunice Rodriguez. Mrs. Rodriguez testified 
to being verbally harrassed by Mr. Dobson at her display 
on December 23rd and 24th and to the resultant loss of a 
customer. She said that another artist, Sara Kira, 
witnessed this and would, if necessary, testify at the 
Committee's next meeting; Ms. Kira was not able to attend 
today's hearing because of an out-of-town business 
commitment . 

Commissioner Bechtle moved that it be recommended that 
John Dobson be found in violation of the street artist 
ordinance by conducting business in a disorderly and 
improper manner, and that Mr. Dobson ' s certificate be 
suspended for a period of three weeks, in addition to the 
recommended three weeks' suspension for having sold in an 
illegal location, and that any further violation of the 
street artist ordinance committed by Mr. Dobson within 
one year of the Art Commission's resolution would be 
grounds to consider revocation of Mr. Dobson' s 
certificate; the motion was seconded by Commissioner 
Simon. 

Commissioner Demetrios moved that the above motion be 
amended to provide that Mr. Dobson' s certificate be 
suspended for five weeks instead of three weeks; the 
motion to amend was seconded by Commissioner Simon. The 



STREET ARTISTS PROGRAM COMMITTEE - March 10, 1993 Page 6 



motion as amended was unanimously approved. 

E. Gerri McGillicuddy - Certificate § 3326. Alleged viola- 
tions: (1) selling in a location (Stockton Street, west 
side, O'Farrell to Market) not designated by Board of 
Supervisors - 12/23/92; (2) exceeding display size regu- 
lation - 12/23/92. 

Program Director Lazar presented his report and photos of 
Ms. McGillicuddy and her display which, he said, exceeded 
the display length regulation by five feet. Street 
Artist Jesse Rodriguez testified to having witnessed that 
Ms. McGillicuddy was in the illegal location and that her 
display was nine feet long. 

Ms. McGillicuddy was not present. It was noted that, 
according to the Art Commission's "Hearing Procedure," in 
the event an artist fails to appear at his/her hearing, 
the Program Committee may give a recommendation of the 
penalty for the violation for which the artist has been 
charged, and that this was stated in the Program's notice 
of hearing mailed to Ms. McGillicuddy. 

Commissioner Zenni moved that it be recommended that 
Gerri McGillicuddy be found in violation of the street 
artist ordinance by selling in a location not designated 
by the Board of Supervisors and by exceeding the display 
length regulation; the motion was seconded by 
Commissioner Simon and unanimously approved. 

Ill NEW BUSINESS 

Complaint about street artist's activities. Street Artist 
Sandra Bass referred to a recently submitted letter by her 
husband to the Program Director requesting corrective 
measures on the problems allegedly generated by Street 
Artist Stephen White. According to Mrs. Bass, Mr. White was 
presently using a live rooster to attract customers to his 
display in order to request money for photographs taken of 
the rooster; Mr. White had verbally harrassed the public for 
money and cigarettes; had shouted names at the public; had 
threatened Mrs. Bass's husband; had directed customers away 
from her husband's display; had urinated against trees at 
Hallidie Plaza; had played his radio at loud volume levels; 
and had a salesperson at his display selling Mr. White's 
items as well as the salesperson's own items. 

Street Artist Eunice Rodriguez testified that she had 



STREET ARTISTS PROGRAM COMMITTEE - March 10, 1993 Page 7 



recently observed Mr. White using a rooster for his business 
activities when he was situated on Hyde Street at the Wharf, 
that jewelry was hanging from the rooster, and that Mr. 
White was selling commercially manufactured shell jewelry 
that she recognized from stores. 

Commissioner Zenni moved that the Program Director notify 
Stephen White to appear before the Committee at the next 
meeting in April for a hearing on the charges of (a) 
condcuting business in a disorderly, improper and hazardous 
manner, (b) selling items not of his own creation and not 
certified by the Art Commission, and (c) having a 
salesperson at his display; the motion was seconded by 
Commissioner Simon and unanimously approved. 

The meeting adjourned at 5:00 p.m. 

Respectfully submitted: 



Howard Lazar " 

Director 

Street Artists Program 



' City apia County 
ot Sori Franclscc 




25 Van Ness Avenue 

Suite 240 

San Francisco. CA 

94102 

(415) 554-9671 
(415) 621-3868 FAX 



MAYOR 

Frank M. Jordan 



COMMISSIONERS 

Anne Heaty 
President 

John Krlken 
Vice President 

Nancy Bechtle 
Arlstldes Demetrlos 
Alonzo King 
Willis Kirk 

Robert F. LaRocca 
Genny Llm 
Ral Y. Okamoto 
Dodle Rosekrans 
Terrl Simon 
Ltza Zennl 



EX OFFICIO MEMBERS 
Presidents of the 
Fine Arts Museums 
Library Commission, 
Planning Commission, 
Recreation and Park 
Commission 



DIRECTOR OF 
CULTURAL AFFAIRS 
Joanne Chow Winshlp 

PROGRAMS 
ArtHouse 

Civic Art Collection 
Civic Design Review 
Community Arts 
and Education 
POPS Concerts 
Public Art Program 



Street Artists Licenses 
Suite 70 
(415)554-9677 



Gallery 

155 Grove Street 

(415)554-9682 



sf 

A70.1S 




DOCUMFMTS DEPT. 



TREET ARTISTS PROGRAM COMMITTEE 



Wednesday , <Apr JJ._JL4> 1993 - 4:00 p.m. 

Art Commission Conference Room 

rt Commission Conference Room, Suite 70 

25 Van Ness Avenue 

San Francisco, California 



APR 9 1993 

SAN FRANCISCO 
PUBLIC LIBRARY 




II 



4^ 



END 




AMENDMENT 
ARTIST VI 
amendment 
lined; de 



TO ART COMMISSION HEARING PROCEDURE OF STREET 
OLATIONS; PENALTIES FOR VIOLATIONS. Proposed 

as follows (additions or substitutions under- 
letions in ( ( double parentheses ) ) ) : 



( ( Any ) ) A suspension or revocation commences ( ( two 
(2) weeks )) fifteen (15) days after the Art Commission's 
resolution, allowing (( ten (10) )) fifteen (15) days 
for the artist to file an appeal with the Board of Permit 
Appeals ( ( . ) ) , unless the Art Commission sets a sus- 



pension 


period or a 


revocation 


for 


a later t 


ime within 




one 


(1) 


year of the 


Commission 


1 s resolution . 


In the even 


t 


the 


Art 


Commission 


?ets a suspension period 


or a revoca- 




tion 


for a later time, the art 


ist , 


if wishin 


g to appeal, 




must 


fi 


le an appeal 


with the Board 


of Permit 


Appeals 




with 


in 


fifteen (15) 


days after 


the 


Art Commission's 





resolution . 



HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. Stephen White - Certificate § 4136. Alleged violations: 
(1) Conducting business in a disorderly, improper, 

and hazardous manner (using a rooster to attract custom- 
ers; verbal harrassment; threatening other artists; 
etc.); (2) Selling items not of the artist's own 
creation; (3) Selling items not certified by the Art 
Commission; (4) Having a salesperson sell artist's 
items and salesperson's items - 3/4, 5, 6, 7, 15/93. 

B. Daniel De Guevara - Certificate # 3870. Alleged viola- 
tion: Selling in a location (Market Street, 5th to 
4th Streets) not designated by Board of Supervisors 

- 12/21/92 (report submitted on 2/3/93 by S.F.P.D.) 

C. Carol Huang - Certificate § 3843. Alleged violation: 
Selling in a location (Market Street, 5th to 4th 
Streets) not designated by Board of Supervisors - 
12/20/92 (report submitted on 2/3/93 by S.F.P.D.) 

D. Robert Stone - Certificate § 1861. Alleged violation: 
Selling in a location (Market Street, 5th to 4th 
Streets) not designated by Board of Supervisors - 
12/22 & 23/92 (reports submitted on 2/3/93 by S.F.P.D.) 



Continued 



STREET ARTISTS PROGRAM COMMITTEE Page 2 

April 14, 1993 Agenda (amended) 



III HEARING ON PETITION FROM STREET ARTISTS TO REDUCE NUMBER 
OF CERTIFICATE-HOLDERS IN STREET ARTISTS PROGRAM 

IV NEW BUSINESS 



SAN FRANCISCO ART COMMISSION 
ACCESS I BLE MEETING POLICY 

i. Full Commission Meetings, and individual Committee 
Meetings of the Art Commission will be held at 25 Van Ness 
Avenue, Suite 70, San Francisco, CA . Twenty Five Van Nesa 
is located on the corner of Oak and Van Ness. Suite 70, 
basement level , can be accessed by the two main elevators in 
the lobby of the building. 

2. The closest accessible BART Station is the Civic Center 
Station located at the intersection of Market, Hyde and 
Grove Street. Accessible MUNI Met.ro lines serving this 
location are the J , K , L , M , and N which stop at Van Ness 
Avenue and Market Street, one-half block from the Art 
Commission offices. Accessible MUNI lines serving the 
corner of Van Ness and Market are 9, 26, and 42. for more 
information regarding MUNI accessible services, please call 
(415) 923-6142. 

3. American sign language interpreters and/or a sound 
enhancement system will be available upon request at 
meetings. Please contact Sonia Gray in the Community Arts 
and Education Program at (415) 554-9671 at least 72 hours 
prior to meeting. Late requests will be honored in 
possible . 

A. To allot'? individuals with environmental illness or 
multiple chemical sensitivity to attend any meetings, 
individuals nre requested to refrain from wearing perfume or 
other scented products. 

5. Accessible curbside parking has been designated on Oak 
Street between Van Ness Avenue and Franklin Street. 

6. Accessible seating for persons with disabilities 
(including those using whee lcha i rs ) will be available. 



City and County 
of San Ftanclsco 







//STREET ARTISTS PROGRAM c6mMITTEE 



25 Van Ness Avenue 

Suite 240 

San Francisco, CA 

94102 

(415) 554-9671 
(415) 621-3868 FAX 



(I 



4prTl^L4 j _l^P 

Art Commission Conference Room 
25 Van Ness Avenue 
Suite 70 
San Francisco, California 



DOCA IMCM-rq DFPT 

.APR 3 1993 

/ S AN FRANCISCO 
PUBLIC LIBRARY 



Jllf MINUTES 
Commissioners present: Nancy Bechtle, Terri Simon, Liza Zenni 
Commissioner absent: Aristides Demetrios 



Staff present: 



Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Butt 



Commissioner Simon acted as Chair and called the meeting to order 
at 4 : 00 p.m. 



I AMENDMENT TO ART COMMISSION HEARING PROCEDURE 
ARTIST VIOLATIONS; PENALTIES FOR VIOLATIONS 



OF STREET 



Program Director Lazar stated that the following wording of 
the proposed amendment had been approved by the City 
Attorney's office (additions or substitutions underlined ; 
deletions in ( ( double parentheses ) ) : 



1 ( ( An 
( 2 ) wee 
resolut 
the art 
Appeals 



y ) ) A suspension or revocation commences ( ( two 
ks )) fifteen (15) days after the Art Commission's 
ion, allowing (( ten (10) )) fifteen (15) days for 
ist to file an appeal with the Board of Permit 



(( 



)) 



unless the Art Commission sets a sus- 



pension 


period or a revocation for a later time within 


one ( 1 ) 


year of the Commission's resolution. In the event 


the Art 


Commission sets a suspension period or a revocation 


for a later time, the artist, if wishing to appeal, must 


file an 


appeal with the Board of Permit Appeals within 


fifteen 


(15) days after the Art Commission's resolution. 



II 



Street Artist Virginia Burris objected to the amendment and 
read a prepared statement criticizing the Program Director. 

Commissioner Zenni moved that the amendment, as worded 
above, be recommended for approval; the motion was seconded 
by Commissioner Bechtle and unanimously approved. 

HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. Daniel De Guevara - Certificate # 3870. Alleged 
violation: Selling in a location (Market Street, 5th to 
4th Streets) not designated by the Board of Supervisors 




STREET ARTISTS PROGRAM COMMITTEE - April 14, 1993 Page 2 



- 12/21/92. 

Mr. De Guevara was not present. It was noted that, ac- 
cording to the Art Commission's "Hearing Procedure of 
Street Artist Violations," in the event an artist fails 
to appear at his/her hearing, the Program Committee may 
give a recommendation of the penalty for the violation 
for which the artist is charged, and that this was 
stated in the Program's notice of hearing mailed to Mr. 
De Guevara. 

The Program Director stated that on February 3, 1993, 
he received a copy of a citation and report issued by 
Officer Tom Mandelke with regard to the alleged 
violation of December 21, 1992. 

Officer Mandelke testified that on December 21st he ob- 
served nine street artists in front of Nordstrom; eight 
of the artists had corresponding lottery numbers for 
their legal spaces, while Mr. De Guevara, the ninth 
artist, was not in a legal space. The officer added 
that he had received numerous complaints from street 
artists who had taken the time to participate in their 
lotteries to receive their spaces, only to find, when 
they came out to sell, that other artists were selling 
illegally. 

Commissioner Zenni moved that it be recommended that 
Daniel De Guevara be found in violation of the street 
artist ordinance by selling in a location not 
designated by the Board of Supervisors, and that Mr. De 
Guevara's certificate be suspended for a period of 
three weeks; the motion was seconded by Commissioner 
Bechtle and unanimously approved. 

B. Carol Huang - Certificate # 3843. Alleged violation: 
Selling in a location (Market Street, 5th to 4th 
Streets) not designated by the Board of Supervisors - 
12/20/92. 

This matter had been referred to the Street Artists 
Program on February 3, 1993 in a copy of a citation and 
report issued by Officer Tom Mandelke. 

Officer Mandelke testified that on December 20th he ob- 
served Ms. Huang set up in an illegal location next to 
eight legal spaces occupied by street 'artists. Ms. 
Huang had a lottery slip for a legal location, "HP-3," 



STREET ARTISTS PROGRAM COMMITTEE - April 14, 1993 Page 3 



across the street at Hallidie Plaza. 

Ms. Huang stated that at the time she was cited, she 

was near the crosswalk waiting for someone to help her 

move her display to a legal space adjacent to the 
Emporium, and, she said, her table was covered. 

Officer Mandelke stated that Ms. Huang was set up on 
the west side of the BART entrance and was not near the 
crosswalk. Her street artist items - earrings - were 
visibly displayed, the display open to the public. He 
added that when a street artist leaves his/her display, 
they cover the display to signify to the public that 
the business is closed and to help other nearby artists 
watch the display. 

Commissioner Zenni moved that it be recommended that 
Carol Huang be found in violation of the street artist 
ordinance by selling in a location not designated by 
the Board of Supervisors, and that Ms. Huang's 
certificate be suspended for a period of three weeks; 
the motion was seconded by Commissioner Bechtle and 
unanimously approved. 

Street Artist Virginia Burris asked the Committee to be 
lenient, as this was a first offense for Ms. Huang. 
Commissioner Zenni responded that her Committee had 
been instructed by the other Commissioners to 
administer the Street Artists Program as effectively as 
possible, and that was what was being done. 

Commissioner Simon stated that everyone knew the rules 
- especially artists who had been in the Program for 
many years. 

C. Robert Stone - Certificate # 1861. Alleged violation: 
Selling in a location (Market Street, 5th to 4th 
Streets) not designated by Board of Supervisors - 12/22 
and 2 3/92. 

This matter had been referred to the Street Artists 
Program on February 3, 1993 in a copy of a citation and 
report issued by Officer Tom Mandelke. 

Officer Mandelke testified that on December 22nd, at 
3:40 p.m., two street artist spaces on Market Street, 
"Z-l" and "Z-2," were occupied by artists with lottery 
slips for the spaces. Mr. Stone, he said, was also set 



STREET ARTISTS PROGRAM COMMITTEE - April 14, 1993 Page 4 



up there. He did not have a lottery slip. On the next 
day, at 5:55 p.m., the officer again observed Mr. Stone 
in the same location next to the two legal space;.; which 
were occupied by artists with lottery slips. 

Mr. Stone stated that the officer made a mistake: On 
the second day Mr. Stone set up next to one of the two 
artists who was preparing to leave, and Mr. Stone was 
about to move into his space when the officer gave him 
a ticket. In court, Mr. Stone said, the officer failed 
to convince the judge that Stone was guilty. 

Street Artist John Hulton testified that on December 
23rd, at 5:55 p.m., he was packing up to leave when Mr. 
Stone came by and asked if he could have the space, to 
which Mr. Hulton replied that he could. As he was 
packing up, Mr. Stone was unpacking; at that moment, 
the officer came by. 

To a question put forth by Commissioner Simon, Mr. 
Stone admitted he was set up illegally on the first 
day, December 22nd. 

Commissioner Bechtle stated that she accepted the 
officer's statement of what happened. Commissioner 
Bechtle moved that it be recommended that Robert Stone 
be found in violation of the street artist ordinance by 
selling in a location not designated by the Board of 
Supervisors, and that Mr. Stone's certificate be 
suspended for a period of three weeks; the motion was 
seconded by Commissioner Zenni and unanimously 
approved. 

D. Stephen White - Certificate # 4136. Alleged violations: 
(1) Conducting business in a disorderly, improper, and 
hazardous manner (using a rooster to attract customers; 
verbal harrassment; threatening other artists; 
urinating on trees); (2) selling items not of the 
artist's own creation; (3) selling items not certified 
by the Art Commission; (4) having a salesperson sell 
artist's items and salesperson's items. 

Program Director Lazar reported that at 3:30 p.m. Mr. 
White called the office to say that his bus to the city 
would be late and that he would arrive at the meeting 
at 4:40 p.m. Mr. Lazar told him that one of the 
Commissioners would have to leave at 5:00- p.m., which 
would result in the meeting's adjournment; unless the 



STREET ARTISTS PROGRAM COMMITTEE - April 14, 1993 Page 5 



Committee were to reach a recommendation by 5:00 p.m., 
Mr. White's hearing would have to be continued to the 
following month's meeting. 

The Commissioners noted that by 4:50 p.m. Mr. White had 
not appeared. Street Artist John Bass urged the 
Committee to proceed with the hearing, as Mr. White had 
had a month to make his arrangements to be at the 
hearing, there were several witnesses who were giving 
their time to be present, and the Commission, by its 
own rules, had the power to proceed in a defendant's 
absence. Ms. Carolyn Diamond, Executive Director of 
The Greater Market Street Development Association, said 
she had expected to testify at 4:00 p.m. and had been 
waiting since then. The Committee proceeded. 

Program Director Lazar stated that, in addition to 
mailing the notification, he personally handed a copy 
of the notification to Mr. White at Hallidie Plaza on 
March 15, 1993. 

Alleged Violation of Selling Non-Certified Items 
With regard to the charges of Mr. White's allegedly 
having sold items not of his own creation and/or items 
not certified by the Art Commission, the Program 
Director said he viewed the videotape of Mr. White's 
January 30, 1992 screening of wares and saw that the 
Advisory Committee approved him to sell only his sewn 
hats and clothing and not the beadcraft items he 
submitted. He was invited to re-submit the beadcraft 
at another screening. 

On March 20, 1992, the Program Director was called to 
Hallidie Plaza where he observed Mr. White displaying 
insence and sewn bags which bore the label "Nigeria." 
Because he was new to the Program, Mr. White received a 
verbal warning to not sell items for which he was not 
certified. One year later, when Mr. White's business 
conduct came up for question and Mr. Lazar handed him a 
notice for hearing, the Program Director observed and 
photographed Mr. White displaying items not authorized 
for sale: beadcraft and shellcraft. (The Commissioners 
viewed the photos.) 

Prior to this incident, the Program Director had 
received a telephone complaint that Mr. White's 
shellcraft items were allegedly not made by him. The 
person who made the complaint was notified to testify 



STREET ARTISTS PROGRAM COMMITTEE - April 14, 1993 Page 



but did not appear. Without the witness, there was no 
proof that Mr. White was selling items he did not make, 
and this charge was being dropped. Regardless of this, 
however, the charge remained that Mr. White was 
allegedly selling items not certified by the 
Commission. This was substantiated in a letter from 
John Bass which stated that on March 4, 5 and 6, 1993, 
Mr. White was selling loose beads for $1 each. Mr. Bass 
told the Commissioners this was true. In addition, the 
following witnesses testified to the charge of Mr. 
White's having sold uncertified items: 

Street Artist Edward Steneck said he saw earrings stuck 
through Mr. White's rooster's waddle. 

Street Artist Merlin Willis said he saw Mr. White 
selling the loose beads on the days mentioned by Mr. 
Bass as well as on other occasions, and that Mr. White 
had sold shell necklaces which can be purchased at Cost 
Plus. 

Alleged Violation of Conducting Business in an Improper 
Manner: Use of a Rooster 

The Program Director submitted photos he took of Mr. 
White's rooster on March 15, 1993 and photos submitted 
by John Bass on March 9, 1993. The Program Director 
checked with both the City's Animal Control Unit and 
the Health Department: the Animal Control Unit saw the 
rooster and could not find a violation because the 
rooster did not appear to be in any harm or, even with 
the jewelry pierced through the waddle, in any pain. 
From the law furnished by the Health Department, the 
Program Director understood that a business is allowed 
in a non-residential area to use an animal so long as 
the business owner specifies this intent in his 
application for Business Tax Registration with the Tax 
Collector who must notify the Health Department for an 
investigation. Mr. White, in registering with the Tax 
Collector as a street artist, did not do this. Notwith- 
standing this circumvention of procedure and the 
findings of the Animal Control Unit, the Art Commission 
has the right to suspend or revoke a street artist 
certificate if the artist's sales activity is 
considered business conducted in a disorderly, improper 
or hazardous manner. Having a rooster to attract 
customers - especially by hanging jewelry off it - was, 
in the Program Director's opinion, improper conduct. 



STREET ARTISTS PROGRAM COMMITTEE - April 14, 1993 Page 7 



Furthermore, it was alleged in written complaint, that 
Mr. White had used the rooster for the purpose of 
collecting money from customers who took photos of it - 
an activity for which he was not certified. 

Ms. Carolyn Diamond, Executive Director of The Greater 
Market Street Development Association, testified that 
she had observed Mr. White with his rooster, the 
rooster had worn beaded necklaces, and Ms. Diamond had 
received numerous phonecalls from merchants in the 
the complaints ranging from cruelty to animals to 
health problems. The businesspeople, she said, were 
not satisfied with a barnyard animal on Market Street 
as well as being used as an accesssory for a street 
artist. 

Street Artist John Ammann testified that Mr. White's 
use of a rooster attracted customers away from Mr. 
Ammann ' s table. He added that it was important that 
street artists distinguish themselves from con-artists. 

Verbal Harrassment; Threatening Artists; etc. 
Mr. Bass testified that on September 6, 1992, Mr. 
White noticed that Bass was taking photos of his 
rooster, his salesperson, and his products, and became 
abusive and threatening; he called the Police to have 
Bass arrested; the Police refused to arrest him. For 
the rest of the day, White's helper made threats 
against Bass. 

Mr. Bass went on to testify that during the time White 
has been at Hallidie Plaza, White has made his space a 
haven for panhandlers, street people, and street 
performers .One is a drummer of whom Bass has filed 
several police reports for repeatedly threatening his 
life. 

Mr. Bass also testified that he had observed Mr. White 
urinating on trees at the Plaza. 

Street Artist Merlin Willis testified that he heard Mr. 
White threaten Mr. Bass during the past year with 
remarks as "Stay out of my face," "Don't interfere with 
what I'm doing or I'll take care of you." Mr. Willis 
further testified that he saw Mr. White urinate against 
trees at the Plaza. 

Alleged Violation; Having a Salesperson 



STREET ARTISTS PROGRAM COMMITTEE - April 14, 1993 Page 8 



Mr. Bass submitted photos he took in April, 1992 of 
drummers whom Mr. White had allegedly allowed to occupy 
his space; as well as photos taken on September 5, 1992 
which, Mr. Bass said, showed a salesperson at Mr. 
White's display, waiting on customers during Mr. 
White's absence. 

Mr. Willis testified that he observed Mr. White had a 
salesperson at his display, that the salesperson 
brought out his own store-bought merchandise to sell. 
Mr. Willis confirmed that the letter he sent to the 
Program, asserting that White had a salesperson on 
March 13, 1993, was correct. 

F indings and Recommendation 

Commissioner Zenni stated that the alleged behavior of 
Mr. White should not be tolerated, that it degraded the 
street artists who were trying to conduct themselves 
professionally, and that she felt his license should be 
revoked. Commissioner Simon noted that Mr. White had 
received a warning about what he could sell. 
Commissioner Bechtle noted that it was not just the 
street artists who were protesting Mr. White's behavior 
but the merchants were as well. 

Commissioner Bechtle moved that it be recommended that 
Stephen White be found in violation of the street 
artist ordinance by conducting business in a 
disorderly, improper and hazardous manner, by selling 
items not certified by the Art Commission, and by 
having a salesperson sell his items and the 
salesperson's items at Mr. White's display, and that 
Mr. White's certificate be revoked and no consideration 
be given to any application for certification submitted 
by Mr. White until after a period of one year after 
said revocation; the motion was seconded by 
Commissioner Zenni and unanimously approved. 

Ill HEARING ON PETITION FROM STREET ARTISTS TO REDUCE NUMBER OF 
CERTIFICATE-HOLDERS IN STREET ARTISTS PROGRAM 

Street Artists Larry Rosenbloom and James Millard submitted 
a petition signed, they said, by 140 street artists urging 
the Commission to issue new licenses at a slower rate until 
the overcrowding of street artists at lotteries subsides. 

Program Director Lazar reported that Deputy City Attorney 
Burk Delventhal had recently given a verbal response to the 



STREET ARTISTS PROGRAM COMMITTEE - April 14, 1993 Page 9 



question submitted by Mr. Lazar: "Should the Art Commission 
allow the number of certificate-holders to decline by 
notifying fewer applicants for examination of wares?" Mr. 
Delventhal's response was as follows: Whether or not the 
Art Commission maintains a certain number of licenseholders 
would not be the issue in a court of law; the issue would be 
whether or not the Commission is continuing to provide a 
reasonable amount of time for the processing of an 
applicant's certification. Since the Advisory (screening) 
Committee was demonstrating capability in conducting a 
thorough screening procedure for each applicant 
(approximately 12 - 17 applicants who show up, out of some 
40 notified), and that this current procedure provides for a 
two- to three-month waiting period, which is reasonable, for 
an applicant, the notification of fewer applicants, which 
would result in a longer waiting period which, in turn, 
would not be considered reasonable, would not be justifiable 
in court. The court would want to know why an applicant 
would have to now wait an unreasonable amount of time when 
the Commission had been very ably demonstrating a thorough 
screening procedure which provided for a reasonable waiting 
period. He advised that the Commission maintain its present 
rate of notification of applicants. 

The Program Director further reported that the number of 
licensees, despite the monthly issuance of new licenses, has 
dropped since the new year from 513 to 450 due to attrition. 

Mr. Rosenbloom stated that, regardless of the decline in the 
number of licenses, more street artists than ever before 
were using their licenses to get into the lotteries to sell. 
He suggested that the size of attendance at the lotteries 
should determine how the screening of newcomers is to be 
conducted. He asked for further clarification from the City 
Attorney. 

Mr. Millard stated that in the past the total number of 
licensees was determined by the budget, and now there is a 
surplus of money. He did not feel that it was realistic 
that a lawsuit would be filed against the Commission. Also, 
the City Attorney, he said, gives the Commission lattitude 
with the term "reasonable." In Berkeley and Seattle the 
wait is three years. The Art Commissioners have the power 
to tell the Program Director how many people he should 
notify for screening each month and how high the number of 
licenses should be. The Commission should take a stand on 
this issue. 



STREET ARTISTS PROGRAM COMMITTEE - April 14, 1993 Page 10 



Commissioner Bechtle said that, like it or not, the Art 
Commission is a City agency and must abide by the rules. She 
asked that the City Attorney be present to give 
clarification. 

Street Artist Bill Clark stated that what the Program 
Director and the City Attorney were trying to explain was 
that the administration of an application has to do with due 
process of the applicant and not with what occurs on the 
street. The court would be concerned with whether the 
applicant's due process was being violated. No matter how 
many people sign a petition to do otherwise, they cannot 
vote away a person's constitutional right. 

Commissioner Bechtle moved that the City Attorney be asked 
to attend the next meeting of the Program Committee to 
clarify the issue of whether the Commission may slow the 
screening rate in order to lower the number of 
certificate-holders; the motion was seconded by Commissioner 
Zenni and unanimously approved. 

At the request of Mr. Millard, the Committee asked the 
Program Director to prepare a statement for the next meet- 
ing of the anticipated surplus of fee revenue at the close 
of the fiscal year. 

As Commissioner Bechtle had to leave, the meeting adjourned 
5 : 35 p.m. 

Commissioners Simon and Zenni stayed until 6:20 p.m. to 
listen to comments from the artists on matters related to 
the Program. 






Respectfully submitted: 

Howard Lazar 

Director 

Street Artists Program 



City and County 
of San Francisco 







25 Van Ness Avenue 

Suite 240 

San Fianclsco. CA 

94)02 

(415)554-9671 
(415) 621-3868 FAX 



' Sr~ A r T Ccr\n\iwo*s 



^ 



STREET ARTISTS PROGRAM COMMITTEE 



" M TS DEPT. 



Wednesday, May 12, 1993 - 4:00 p.m. 

Art Commission Conference Room, Suite 70 

25 Van Ness Avenue r>~~-.,„, 
San Francisco, California 

A MAY 1 1993 

<\A G E N D A 

: I FRANCISCO 
CLARIFICATION BY DEPUTY CITY ATTORNEY BURK DELV^fr¥H'A l ll B 6ftRY 
WHETHER ART COMMISSION MAY LOWER THE NUMBER OF CERTIFICATE- 
HOLDERS BY NOTIFYING FEWER APPLICANTS FOR SCREENING 



II DRAFT OF POLICY ON WAIVING STREET ARTIST FEE FOR HONOR- 
ABLY DISCHARGED VETERANS UNABLE TO OBTAIN A LIVING THROUGH 
MANUAL LABOR (as per advice in City Attorney Opinion No. 
88-07 and subsequent letters of 8/23/91 and 4/12/93) 

III DRAFT OF AMENDMENT TO ART COMMISSION HEARING PROCEDURE 
OF STREET ARTIST VIOLATIONS TO PROVIDE FOR TIME LIMIT OF 
FILING APPEAL WITH ART COMMISSION OF RECOMMENDATION OF 
PROGRAM COMMITTEE (APPEAL TO BE FILED NO LATER THAN TEN 
(10) BUSINESS DAYS PRIOR TO COMMISSION MEETING) 

IV REQUEST FROM DEPARTMENT OF PARKING AND TRAFFIC FOR STREET 
ARTISTS TO CEASE ALL-DAY PARKING OF VEHICLES ON BEACH 
STREET, HYDE TO LARKIN STREETS (departmental representative 
to address issue) 

V REQUEST BY STREET ARTIST APPLICANT FOR WAIVER OF TEN-DAY 
POLICY FOR OBTAINING CERTIFICATE 

A. Werner Jurgens - approved on April 29, 1993 for certifi- 
cation. 

VI REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE 



B 



Geoffrey Kington - Certificate # 3537 expired April 
3, 1993; payment for renewal received (late) April 
28, 1993. 

Darlene Pyeatt - Certificate # 4195 expired August 8, 
1992. 



C. Ajila Hart - Certificate # 4336 expired February 19, 
1993. 

VII DRAFT OF AMENDMENT TO ART COMMISSION HEARING PROCEDURE 
OF STREET ARTIST VIOLATIONS PROVIDING FOR MINIMUM OF 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE 
May 12, 1993 Agenda 



Page 2 



ONE (1) YEAR BETWEEN REVOCATION OF A STREET ARTIST'S 
CERTIFICATE AND ART COMMISSION CONSIDERATION OF THE 
ARTIST'S APPLICATION FOR NEW CERTIFICATE; HEARING 
PROCEDURE; FINAL REVOCATION 

VIII REQUEST BY REVOKEE FOR CONSIDERATION OF APPLICATION 
FOR NEW CERTIFICATE 



City and County 
o( San Fianclsco 




25 Van Ness Avenue 

Suite 240 

San Fianckco. CA 

94102 

(415)554-9671 
(415) 621-3868 FAX 



A. Fernando Hechavarria - Certificate # 3045 was revoked 
by Art Commission on February 3, 1992. 

'IX NEW BUSINESS 



SAN FRANCISCO ART COMMISSION 
ACCESSIBLE MEETING POLICY 

1. Full Commission Meetings, and individual Committee 
Meetings of the Art Commission will be held at 25 Van Ness 
Avenue, Suite 70, San Francisco, CA. Twenty Five Van Ness 
is located on the corner of Oak and Van Ness. Suite 70, 
basement level , can be accessed by the two main elevators in 
the lobby of the building. 



PROGRAMS 
Civic Art Collection 
Civic Design Review 
Community Ads 
and Education 
POPS Conceits 
Public Ait Piogiam 



Sheet Aitists licenses 
Suite 70 
(415)554-9677 



Gallery 

155 Giove Street 

(415)554-9682 



2. The closest accessible BART Station is the Civic Center 
Station located at the intersection of Market, Hyde and 
Grove Street. Accessible MUNI Metro lines serving this 
location are the J,K,L,M, and N which stop at Van Ness 
Avenue and Market Street, one-half block from the Art 
Commission offices. Accessible MUNI lines serving the • 
corner of Van Ness and Market are 9, 26, and 42. for more 
information regarding MUNI accessible services, please call 
(415) 92,3-6142. 

3. American sign language interpreters and/or a sound 
enhancement system will be available upon request at 
iHMoti :igs . Please contact Sonia Gray in the Community Arts 
and Education Program at (415) 554-9671 at least 72 hours 
prior to meeting. Late requests will be honored in 
possible . 



Ait House 

Fort Mason Center 

Building C 

San Francisco, CA 

94123-1382 

(415)685-1194 



4. To allow individuals with environmental illness or 
multiple chemical sensitivity to attend any meetings, 
individuals are requested to refrain from wearing perfume or 
other scented products. 

5. Accessible curbside parking has been designated on Oak 
Street between Van Ness Avenue and Franklin Street. 



6. Accessible seating for persons with disabilities 
(including those using wheelchairs) will be available. 



City and County 
of San Francisco 




/// 



STREET ARTISTS PROGRAM COMMITTEE 



DOCUMENTS DEPT. 
JUN 3 1993 



25 Van Ness Avenue 

Suite 240 

San Francisco, CA 

94102 



May 12 Jt _13^ 

Art Commission Conference Room, Suite 70 
25 Van Ness Avenue 
/San Francisco, California 

W M I N U T E S 



SAN FRANCiSCO 
PUBLIC LIBRARY 



(415)554-9671 

(415) 621-3868 fax Commissioners present: Aris tides Demetrios, Nancy Bechtle, Terri 

Simon, Liza Zenni 

Staff present: Director of Cultural Affairs Joanne Chow Winship 

(during Item VI) 
Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Butt 

City Attorney staff present: Deputy City Attorney Burk Delventhal 

(during Items I through V) 

Commissioner Demetrios, Chairman, called the meeting to order 
at 4:00 p.m. 

I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE 



II 



A. Geoffrey Kington - Certificate # 3537 expired April 
3, 199 3; his payment for renewal was received (late) 
April 28, 1993. 

B. Darlene Pyeatt - Certificate # 4195 expired August 8, 
1992; her request was received May 3, 1993. 

C. Ajila Hart - Certificate # 4336 expired February 19, 
1993; her request was received April 28, 1993. 

Commissioner Bechtle moved that the requests by Geoffrey 
Kington, Darlene Pyeatt, and Ajila Hart, for priority is- 
issuance of certificate be recommended for approval with 
waiver of screening of wares for Ms. Pyeatt; the motion 
was seconded by Commissioner Simon and unanimously approved. 

D. Enrique Mendoza - Certificate # 4272 expired February 
12, 1993; his request was received May 11, 1993. 

Commissioner Bechtle moved that the request by Enrique 
Mendoza for priority issuance of certificate be recommended 
for approval; the motion was seconded by Commissioner Simon 
and unanimously approved. 

DRAFT OF AMENDMENT TO ART COMMISSION HEARING PROCEDURE 
OF STREET ARTIST VIOLATIONS TO PROVIDE FOR TIME LIMIT OF 



STREET ARTISTS PROGRAM COMMITTEE - May 12, 1993 Page 2 



FILING APPEAL WITH ART COMMISSION OF RECOMMENDATION OF 
PROGRAM COMMITTEE 

Commissioner Simon moved tha.t the following amendment, 
as drafted by the City Attorney's office, be recommended 
for approval : 

Any artist wishing to appeal the recommendation 
of the Street Artists Program Committee to the 
full Art Commission shall have five {5) business 
days from the date of the Program Committee's 
recommendation in which to request an "appeal in 
writing. The request shall be addressed to the 
. . Commission's Street Artists Program. Requests for 
appeals received less than ten (10) days prior to 
the next scheduled meeting of the full Art Commis- 
sion will be scheduled for the following month's 
full Commission meeting. 

The motion was seconded by Commissioner Bechtle and unan- 
imously approved. 

III NEW BUSINESS 

Under new business, Commissioner Demetrios asked that it 
be stated on each agenda of the ."Program Committee that 
testimony will be limited to three (3) minutes and that 
no witness shall cross-examine another Witness without 
the Committee's approval. Commissioner Simon moved that 
this request be recommended' for approval; the motion was 
seconded by Commissioner Bechtle and unanimously approved. 

IV DRAFT OF POLICY ON WAIVING STREET ARTIST FEE FOR HONORABLY 
DISCHARGED VETERANS UNABLE TO OBTAIN A LIVING THROUGH 
MANUAL LABOR (as per advice in .City Attorney Opinion No. 
88-07 and letters of 8/23/91 and 4/12/93) 

Program Director Lazar reported that a written response 
had been received from the City Attorney to the questions 
on (1) whether a disabled veteran is entitled to waiver 
of the street artist certificate fee when the Street Artists 
Program is entirely supported by license fees and receives 
no General Fund money; and (2) whether the term "manual 
labor" contained in the California Business and Professions 
Code sections 16001 and 16001.5 applies to the Street 
Artists Program. The response was "yes" to both questions: 
(1) a self-supporting program is not exempt from the 
statutes; and (2) a paraplegic would be an example of a 



STREET ARTISTS PROGRAM COMMITTEE - May 12, 1993 Page 3 



disabled veteran unable to earn a living by manual labor 
within the terms of sections 16001 and 16001.5 but could 
have use of his/her hands to make and sell handcrafted 
items. 

Street Artists Edward Steneck and John Bass (both of whom 
stated they were Korean War era veterans ) , .Enrique Mendoza, 
James Millard, Larry Rosenbloom, and Eunice Rodriguez op- 
posed adoption of the policy, for the following reasons: 

1) Street artist fees are not the City's money to 
give away. 

2) A street artist fee represents each artist's share 
of the cost of their self-supporting Program. 

3) While there are not enough selling spaces for the 
artists, the Program continues to require the current number 
of artists to pay the bills; the addition of non-paying 
people in the Program will directly result in a loss of 
many work days for the people who are supporting the 
Program. 

4) If the City wants to give something to veterans, 
it should give them their own selling spaces, away from 
street artists, as was done for the charitable solicitors. 

5) If a person cannot do manual labor, they would 
not qualify to be in the Street Artists Program which re- 
quires that they make their items by hand; the admission 
of veterans who could not make anything by hand would re- 
sult in street artist spaces being used by people selling 
commercially manufactured merchandise. 

6) The Federal government, and not 400 struggling 
street artists, should take care of veterans; as it is, 
a disabled veteran receives a check from the government 
for the rest of his/her life, and- the Veterans Admin- 
istration provides veterans with medical care at practi- 
cally no cost to the veteran. 

7) The City has no right to force the street artists 
to accept into their Program people who will not share 

in its expenses. 

8) The admission of non-paying veterans would not 
only weaken the Program financially but would also cut 
into the income of the artists who are not veterans. 



STREET ARTISTS PROGRAM COMMITTEE - May 12, 1993 Page 4 



9 ) It should be investigated whether the nature of 
the Street Artists Program - its being a "craft" program 
- would make it exempt from the veteran's statutes. 

10) If the Street Artists Program complies with the 
statutes, there will be within a year fifty veterans in 
the Program, occupying fifty selling spaces currently 
being used by the same number of struggling artists. 

11) It should be investigated whether- Cal Vet could 
reimburse the Street Artists Program for the costs of 
waiving the fee for disabled veterans admitted into the 
Program. 

12) It costs a street artist less than one dollar 

a day for a license; this non-prohibitive fee should not 
allow any street artist to be exempt from paying it. 

In response to questions by the Committee, Deputy City 
Attorney Burk Delventhal clarified the following: 

1) Under the fee-based system of the Street Artists 
Program, fees are paid to operate the system and should 
not be used to subsidize other services or costs incurred 
outside of operating the system; therefore, the Art Com- 
mission should ask the City for an appropriation in the 
Street Artists Program budget to cover the costs of those 
street artists who are exempt from paying fees under 
California Business and Professions Code sections 16001 
and 16001.5. For example, if there are five such people 
in the Program, each exempt from paying the $3 50 annual 
fee, the Commission should, ask for $1,750 from the General 
Fund to subsidize their fees. Furthermore, the Program 
should have such a General Fund subsidy to cover these 
fees so that the Program is not exposed to the claim that 
it is taking fees from people to pay for the fees of others 
in the Program. 

2) It is not a question of whether or not the Art 
Commission should adopt a policy on waiving a fee for dis- 
abled veterans; the State legislature has made a policy 
decision which has pre-empted San Francisco's authority 

to decide whether to grant or deny this exemption. The 
Art Commission must process a disabled veteran's applica- 
tion for a street artist certificate, and if he/she meets 
the requirements of the examination, the fee must be waived 

3) Rather than adopting a "policy" on waiving the 



STREET ARTISTS PROGRAM COMMITTEE - May 12 , 1993 Page 5 



fee, the Commission should adopt an "implementation of 
State policy" by directing the staff to follow procedures 
in fulfilling the Commission's obligation to State policy. 

Commissioner Bechtle moved.that.it be recommended that 
the Board of Supervisors be requested to approve an appro- 
priation from the General Fund to the. Street Artists Pro- 
gram budget in order to cover the costs of those street 
artists (honorably discharged veterans unable to obtain 
a living through manual labor) who are exempt from paying 
fees under California Business and Professions Code sections 
16001 and 16001.5; the motion was seconded by Commissioner 
Zenni and unanimously approved. 

Commissioner Zenni moved that the following procedures 
be recommended for directing staff's review of applications 
for exemption from paying fees under California Business 
and Professions Code sections 16001 and 16001.5: 

PROCEDURES DIRECTING STAFF'S REVIEW OF APPLICATIONS 
FOR EXEMPTION FROM PAYING FEES UNDER CALIFORNIA 
BUSINESS AND PROFESSIONS CODE SECTIONS 16001 AND 
16001.5: In keeping with the provisions of the Cal- 
ifornia Business and Professions Code sections 16001 
and 16001.5, the Art Commission shall .waive the fee 
of a street artist certificate for any honorably dis- 
charged veteran who is physically unable to obtain 
a livelihood by manual labor provided that (1) said 
veteran meets the requirements of Sec. 4 ( Examination ) 
and Sec. 5 ( Issuance of certificate ) of Proposition 
"L," approved by the voters at the election held on 
November 4, 1975 (San Francisco Police Code section 
2400); (2) said veteran furnishes to the Director 
of the Street Artists Program of the Art Commission 
the following items: (a) an honorable discharge cert- 
ificate; (b) a notarized statement that said veteran, 
as a result of physical impairment, is physically 
unable to earn a living through manual labor; and 
(c) documentation of the impairment. The following 
are examples of sufficient documentation of impair- 
ment: (1) a medical record; (2) a pertinent letter 
of explanation from medical or social services per- 
sonnel; or (3) a military statement of disability 
with the honorable discharge certificate. This list 
is not meant to be exhaustive. The Director of the 
Street Artists Program shall allow other reasonable 
documentation or proof of physical impairment. Upon 
receipt of items (a), (b) and (c) above, the Director 



STREET ARTISTS PROGRAM COMMITTEE - May 12, 1993. Pacre 6 



of the Street Artists Program, on behalf of the 
Director of Cultural Affairs of the Art Commission, 
shall waive the certificate fee. If the request for 
waiver is denied for failure to submit the items listed 
above, the applicant is entitled to an appeal before 
the full Art ; Commission. 

While Sections 16001 and 16001.5 exempt an honor- 
ably dicharged veteran unable to. earn a living by 
manual labor from paying for a street artist certif- 
icate, these sections do not. override other City 
ordinances or rules regulating the issuance of street 
artist certificates or the conduct of street artists. 

The motion was seconded by Commissioner Bechtle and unan- 
imously approved. 

CLARIFICATION BY DEPUTY CITY ATTORNEY BURK DELVENTHAL ON 
WHETHER ART COMMISSION MAY LOWER THE NUMBER OF CERTIFICATE- 
HOLDERS BY NOTIFYING FEWER APPLICANTS FOR SCREENING 

Deputy City Attorney Burk Delventhal clarified the 
following: 

1) While the Board of Supervisors has the power to 
limit the number of selling spaces, neither the Board nor 
the Art Commission has the power to limit the number of 
certificates . 

2) The street artist initiative adopted by the voters 
in 1975 specifies the Art Commission's obligations with 
regard to this issue: upon receipt of an application for 

a street artist certificate, the Executive Director shall 
fix a date for Advisory Committee consideration and exam- 
ination of the applicant's wares. ... upon payment of the 
fee, the Executive Director shall issue. a certificate . . . 
The word "shall" is used frequently in " provisions. 
The question is "What time does the Commission have to 
act?" The conclusion from the City Attorney's office is 
that a court would say a reasonable time in which to pro- 
cess the application. A "reasonable" time would be the 
time reasonably necessary to do the job thoroughly during 
a normal work day. After speaking with the Program Dir- 
ector, Mr. Delventhal felt that the current two- to three- 
month process meets the "reasonable" test. 

3) To suddenly set the waiting list so that the Com- 
mission doubles the time it takes to process the applica- 



STREET ARTISTS PROGRAM COMMITTEE - May 12, 1993 Page 7 



tions, and the justification is that "we wanted to slow 
down the processing of certificates because there are 
too many artists," a court would order the Commission to 
process these in a timely fashion" and without regard to 
the Commission's concern for the number of artists. 
Therefore, Mr. Delventhal's advice is that the Commission 
does not have the authority to set a quota on the number 
of certificates issued or to delay the processing of ap- 
plications in order to keep the number of certificates 
down. 

Street Artists Enrique Mendoza, James Millard, Merlin Willis 
and Larry Rosenbloom voiced the following arguments in 
favor of slowing the process: 

1) While the Street Artists Program currently has 
a two- to three-month waiting list, the Program in the 
past had a two- to three-year waiting list, there didn't 
seem to be a problem then, and no one ever took the issue 
to court. 

2) To define the word "reasonable," one must refer 
to a baseline representing the twenty-year history of the 
Program (a graph was submitted by Mr. Rosenbloom) which 
would show that there has been an average waiting period 
of four to five months. 

3) Based on the previous waiting periods, a judgment 
call could be made on the question "Are we slowing it down 
or are we getting it back to normal by not speeding it 
up?" 

4 ) The speed of processing applications has been 
directly proportional to the budget requirements. 

5) A judgment call is made on how many notices to 
applicants are sent out; it doesn't have to do with 
pressure from the waiting list. 

6) If no one has sued the Art Commission over a 
two- or three-year waiting list, why would anyone sue 
over a four-month list, or a nine-month list? If they 
did, they would get their license before their suit 
would get to court. . Therefore, the Commission would 
not be at risk. 

7) To wait six or nine months for a street artist 
certificate would not be unreasonable because in other 



STREET ARTISTS PROGRAM COMMITTEE - May 12, 1993 Page 8 



cities like Seattle and Berkeley people have to wait 
two to three years . 

8) There should be a "minor adjustment" in the rate 
of screening so that twenty-five less notices would be 
sent out. 

Street Artist Eunice Rodriguez stated that in 1975 she 
waited only three weeks to obtain her certificate and 
that was when the Program had 800 to 1,000 artists; be- 
cause of the democratic process, everyone is entitled to 
a review of their application in a reasonable amount of 
time. 

In response to questions by the -Committee, Mr.. Delventhal 
clarified the following: If there is a lawsuit, the legal 
services would be paid for by the Street Artists Program. 
If the issue went to court, a judge would probably determine 
as a "reasonable" waiting period for an applicant how ex- 
peditiously the staff of the Art Commission could process 
the applications - that is, that which would be the reason- 
able amount of time required by staff which is necessary 
to do the certification properly. If it could be shown 
that staff was doing the process carelessly or not taking 
enough time to do it correctly, then it could be demon- 
strated that four months, rather than two or three, would 
be a reasonable amount of time. 

In response to a question by the Committee, received from 
Street Artist James Millard, Mr. Delventhal responded that 
if the Program were to increase its waiting period for 
applicants to six or nine months, he had no way of telling 
how likely it was that the Program would be sued, but if 
it were, it was likely that the Program would lose. 

Mr. Rosenbloom asked the Commissioners to try a policy 
of lowering the number of notices sent out each month to 
twenty for the next three months, see how it affects the 
waiting list, and "take a chance of not being sued." 
Commissioner Simon responded that what the Commission did 
not want to do was take a chance. If the Program were 
sued, it would come out of the street artist money, and 
she questioned whether some artists were willing to risk 
the money of the other artists. 

Street Artist John Bass proposed that the Program look 
at the legality of other ways of retarding the rate of 
screenings - for example, a non-refundable screening fee 






STREET ARTISTS PROGRAM COMMITTEE - May 12, 1993 Page 9 



or application fee, similar to the Police Department's 
fee which helps keep down the number of submitted ap- 
plications . 

In response to a question by Commissioner Demetrios, Mr. 
Delventhal stated that the Program could charge a non- 
refundable examination fee to cover the costs of exam- 
ining the art, and afterward, the applicant would pay a 
fee to cover the rest of the administrative costs of the 
Program. 

In response to a question on whether the Program in its 
screening of applicants could apply standards of aesthetic 
merit, Mr. Delventhal stated that, without researching 
the question, it was his understanding that the street 
artist ordinance provides only for a determination as to 
whether an item is created by the applicant, and that an 
aesthetic evaluation could lead to problems with the 
First Amendment. 

Mr. Mathew Porkola, Chairman of the Advisory Committee 
of Street Artists and Craftsmen Examiners, stated that 
with regard to the "reasonable amount of time" issue, when 
the backlog of applicants was at its longest duration, 
it was partially the result of the fact that his Committee 
was understaffed.. Presently, there is a full complement 
of members, and this is one of the reasons why the screen- 
ing process has moved faster. Also, two years ago, his 
Committee was asked by the Commission to spend a minimum 
of twenty minutes examining each applicant's wares; for 
the past two years, the Committee has been consistent in 
this time allotment and has been generating roughly the 
same number of new licenses each month. 

In response to questions by Commissioner Zenni, Program 
Director Lazar clarified that the number of applicants 
notified for screening each month has been tied to the 
budget requirements, that when the fee was increased sub- 
stantially in July, "1991, an inordinate amount of license- 
holders gave up their licenses, the revenue plummeted, 
and by autumn double the amount of applicants had to be 
notified to try to make up the loss. At the same time, 
the Program had to eliminate the position of Art Inspector 
in order to help balance the budget. Since that time, 
double screenings have not been necessary; for the past 
several months, forty applicants a month have been notified 
Referring to his tables of certification statistics for 
the past two years, Mr. Lazar pointed out that the ratio 



STREET ARTISTS PROGRAM COMMITTEE - May 12, 1993 Page 10 



has been 4 to 1: for every 4 applicants notified, 1 shows 
up for screening; and not every applicant is approved. 

Commissioner Zenni stated that she was. resistant to placing 
on Mr. Lazar an arbitrary number of applicants to notify, 
as was requested by Street Artist Larry Rosenbloom, because 
the Program Director has demonstrated watching the numbers 
closely to ensure that the Program was maintaining itself. 
She asked Mr. Lazar to report . any significant fluctuation 
of the budget requirements or the number of applicants. 

Commissioner Bechtle asked Mr. Delventhal if a case could 
be made that because there had been a budget crunch, the 
Program had had to do two screenings a month for a time 
in order to bring the revenue up, and that this would not 
have happened in ordinary circumstances. Mr. Delventhal 
responded that it would be defensible and even more so 
if it were shown that the waiting period in recent times 
had stayed consistent. 

Commissioner Zenni moved that it be recommended that the 
Program Director consult with the City Attorney's office 
to draft a fee structure which would provide for all ap- 
plicants for a street artist certificate to pay a non- 
refundable application/examination fee and for all ap- 
plicants approved for certification to pay a second fee 
to cover the costs of issuance of certificate and all 
other expenses in administering and enforcing the street 
artist ordinance; the motion was seconded by Commissioner 
Bechtle and unanimously approved. 

VI REQUEST FROM DEPARTMENT OF PARKING AND TRAFFIC FOR STREET 
ARTISTS TO CEASE ALL-DAY PARKING OF VEHICLES ON BEACH 
STREET, HYDE TO LARKIN STREETS 

Mr. Tim Johnson of the Department of Parking and Traffic 
addressed the problem of a handful of street artists, he 
said, on Beach Street and other commercial streets who 
have been jamming and breaking parking meters, erasing 
chalk marks, and trying to upset his department's en- 
forcement policy. This has created animosity between 
merchants and artists which, over the years, has troubled 
the Street Artists Program itself. He asked for the Art 
Commission's assistance in two ways: (1) general education 
- that is, making it clear to all street artists that it 
serves no one to try to abuse the parking regulations, 
and that the artists should attempt to police themselves; 
and (2) the Commission to be prepared to consider 



STREET ARTISTS PROGRAM COMMITTEE - May 12, 1993 Page 11 



terminating the licenses of those street artists who have 
been identified as abusers of parking regulations. 

Commissioner Demetrios noted that the Street Artists Program 
did not have the staff to assist in policing the parking 
regulations; he also questioned whether the Program had 
the authority to embark on such duty. 

Commissioner Zenni noted that the relationship between 
the Prorgam and Commission with the merchants and the other 
City agencies is very important, as well as essential for 
the health of the Program. An education process on the 
parking regulations would be a positive step. 



Street Artist Sharon MacDougall objected to having the 
street artists accused of breaking the meters, when, she 
said, they do not. 

Commissioner Simon -moved that it be recommended that the 
Program Director assist the Department of Parking and Traf- 
fic in drafting an information sheet on parking regulations 
to be disseminated to the street artists; the motion was 
seconded by Commissioner Bechtle and unanimously approved. 

Director of Cultural Affairs Joanne Chow Winship wanted 
it understood that it would be the personnel of the Depart- 
ment of Parking and Traffic who would be monitoring adher- 
ance to their regulations, and not the staff of the Street 
Artists Program which does not have the responsibility for 

this duty. 



VII DRAFT OF AMENDMENT TO ART COMMISSION HEARING PROCEDURE 
OF STREET ARTIST VIOLATIONS PROVIDING FOR MINIMUM OF 
ONE (1) YEAR BETWEEN REVOCATION OF A STREET ARTIST'S 
CERTIFICATE AND ART COMMISSION CONSIDERATION OF THE 
ARTIST'S APPLICATION FOR NEW CERTIFICATE; HEARING 
PROCEDURE; FINAL REVOCATION 

Commissioner Demetrios moved that the following amendment 



STREET ARTISTS PROGRAM COMMITTEE - May 12, 1993 Page 12 



to the Hearing Procedure be recommended for approval: 

POLICY PROVIDING FOR MINIMUM OF ONE (1) YEAR 
BETWEEN REVOCATION OF A STREET ARTIST'S CERTIFICATE 
AND ART COMMISSION CONSIDERATION OF THE ARTIST'S 
APPLICATION FOR NEW CERTIFICATE; HEARING PROCEDURE; 
FINAL REVOCATION: When a- former certified street 
artist whose previous certificate was revoked sub- 
mits application for a new certificate, there shall 
be a minimum of one (1) year's duration between the 
revocation of the previous certificate and Art Com- 
mission consideration of the application for new 
certificate. 

The request for a new certificate shall be 
heard in the first instance by the Art Commission's 
Street Artists Program Committee. In its considera- 
tion of such request for a new certificate, the 
Program Committee shall calendar a hearing for the 
request, and the applicant shall be required to 
submit evidence in the form of witness testimony 
or documentation that the applicant is now able and 
willing to comply with the street artist ordinance. 

The Program Committee shall submit its recom- 
mendation of approval or disapproval of the request 
to the full Art Commission who, by resolution, shall 
approve or disapprove the recommendation. 

In the event of the Art Commission's disap- 
proval of the applicant's request, the applicant is 
entitled, pursuant to San Francisco Charter Section 
3.651, to appeal the decision of the Commission to 
the San Francisco Board of Permit Appeals. Part III, 
Article I, Section 8 of the San Francisco Municipal 
Code provides that any such appeal must be filed 
within fifteen (15) days from the date on which the 
Art Commission by resolution makes its decision. 

When the Art Commission revokes a certificate 
of a street artist for the second time, the second 
revocation shall be final, and no consideration shall 
be given by the Commission of any future application 
submitted by the revokee. 

The motion was seconded by Commissioner Simon and unan- 
imously approved. 



STREET ARTISTS PROGRAM COMMITTEE - May 12, 1993 Page 13 



VIII REQUEST BY REVOKEE FOR CONSIDERATION OF APPLICATION FOR 
NEW CERTIFICATE 

Fernando Hechavarria - Certificate § 304 5 revoked by Art 
Commission on February 3, 1993. 

Program Director Lazar reviewed the history of incidents, 
charges, and Commission actions dating from 1987 to 1992, 
regarding Mr. Hechavarria. The incidents included an as- 
sault on a shopkeeper; attempted assaults on two Street 
Art Inspectors and a street artist; obstruction of duty 
of Art Commission staff; improper conduct of business 
(intoxication, verbal abuse, indecent exposure); and selling 
items not of the artist's own creation. In 1987 the Art 
Commission suspended Mr. Hechavarria ' s certificate for 
two months for having sold items not of his own creation, 
and refrained from revoking his certificate for attempted 
assault, but warned him that any future act of physical 
violence initiated by him would be considered as cause 
for revocation. In 1991 he attempted to assault a second 
Art Inspector; the Commission revoked his certificate. 
Since then, he applied for a new certificate, but the Com- 
mission deferred consideration of it pending a draft from 
the City Attorney of an amendment to the Hearing Procedure 
( see Item VII ) . 

The Program Director reported that on April 28, 1993, Cert- 
ification Antoinette Butt and he, while on inspection duty 
at Fisherman's Wharf, observed an illegal, display of 
allegedly imported leather-and-f abric belts which was dis- 
mantled, packed up, and put into a van by Mr. Hechavarria 
who, when licensed, was never authorized to sell belts. 
He was also observed assisting a licensed street artist 
pack up the artist's display of the same belts for which 
the artist, also, was not certified. 

The Program Director submitted copies of a letter and 
medical statement he received from Street Artist John Bass 
which alleged that on May 9, 1993 - three days before this 
hearing - Mr. Bass photographed Mr. Hechavarria selling 
items in front of The Emporium on Market Street and that 
Mr. Hechavarria came over to him and struck him with his 
folding chair. 

Street Artist John Bass testified to the May 9th incident, 
stated that a Police report was made which included the 
name of a witness, and submitted photographs he took in 
November, 1992, and March, 1993, which showed, he said, 



STREET ARTISTS PROGRAM COMMITTEE - May 12, 1993 Page 14 



Mr. Hechavarria set up with display in front of The Empor- 
ium. Mr. Bass stated that he has observed him selling 
in that location at least once a week since his license 
was revoked. 

Mr. Mathew Porkola, Chairman of the Advisory Committee 
of Street Artists and. Craftsmen Examiners, testified to 
having seen Mr. Hechavarria during the past year selling 
items he used to sell as well as items for which he was 
never certified. He said that he observed him on Tuesdays 
and Fridays on two dozen occasions during which there was 
no licensed artist at the display. 

Mr. Hechavarria stated that the whole problem is John Bass 
who follows him everywhere, and that on May 9th he, Mr. 
Hechavarria, was watching someone else's display. To 
questions from Commissioner Simon, he said he has not been 
selling illegally but has been setting up a table for a 
licensed artist who pays him $10 for this; he has not taken 
money from customers; he has watched the table whenever 
the artist has to go to the washroom; and he never indec- 
ently exposed himself to other artists. 

Street Artists Enrique Perez, James Millard, and Merlin 
Willis expressed their support of Mr. Hechavarria. Mr. 
Perez stated that on May 9th he and Mr. Hechavarria were 
watching a soccer game, Mr. Perez left to go across the 
street, and did not observe the alleged incident involv- 
ing Mr. Hechavarria and Mr. Bass. 

In response to Mr. Millard's request that Mr. Hechavarria 
be given a second chance, Commissioner Zenni stated that 
the Committee had heard a reliable, credible witness who 
testified to Mr. Hechavarria' s having been in violation 
of the ordinance while under revocation, and that he was 
given a "second chance" when the Art Commission refrained 
from revoking his certificate and gave him a warning. 

Commissioner Simon noted the applicant's continuation of 
outbursts since 1987 and questioned whether the Commission 
would want such an individual to represent the Program. 

Commissioner Demetrios stated that the Program had 500 
people who obey the rules, and the Commission should honor 
these people rather than the exception. 

Commissioner Bechtle proposed that the Committee reconsider 
Mr. Hechavarria ' s request in six months to allow time for 



STREET. ARTISTS PROGRAM COMMITTEE - May 12 f 1993 Page 15 



him to demonstrate compliance with his revocation and the 
regulations of the street artist ordinance and no conflict 
with other street artists. Commissioner Demetrios 
concurred. 

To a -question put forth by Commissioner Zenni, Mr. Hecha- 
varria responded, through Street Artist Alfred Gamarra 
as interpretor, that he took a chair to Mr. Bass on May 
9th, and that he understood that this was inappropriate 
and unacceptable behavior. 

Commissioner Demetrios moved that Mr. Hechavarria 1 s ap- 
plication for certificate be disapproved and that any 
application for certificate submitted by Mr. Hechavarria 
not be accepted by the Program prior to six months from 
the date of resolution of the Art Commission, and that 
when such application is reached on the waiting list, 
such application will be considered by the Street Artists 
Program Committee; the motion was seconded by Commissioner 
Bechtle and unanimously approved. 



The meeting adjourned at 6:30 p.m. 

Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program 



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:i1y^3nd County 
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5 Van Ness Avenue 

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EET ARTISTS PROGRAM COMMITTEE 

Wednesday, June 9, 1993 - 4:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



Documents dept. 

JUN 8 1993 

SAN FRANCISCO 
3LIC LIBRARY 



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Public testimony shall be limited to three (3) minutes 
per person. No member of the public or witness shall 
cross-examine another member of the public or witness 
unless approved by the Program Committee. 

HEARING REQUESTED BY POLICE DEPARTMENT FOR ART COMMISSION 
AND STREET ARTIST INPUT ON APPLICATIONS FOR PEDDLER LICENSES 
FOR BEACH STREET, NORTH SIDE, AT HYDE STREET 

A. Application for pushcart stand to sell caramel apples 
and fudge. (M. Chamberland, applic.) 

B. Application for pushcart stand to sell mounted i-beams 
and rivets from Golden Gate Bridge (J. Hurley, applic.) 

HEARING ON REQUESTING BOARD OF SUPERVISORS TO RE-DESIGNATE 
FIVE (5) STREET ARTIST SPACES ON MARKET STREET, SOUTH SIDE, 
SUTTER AND SANSOME STREETS (adjacent to CHEVRON BUILDING) 

REQUEST FROM ADVISORY COMMITTEE OF STREET ARTISTS AND 
CRAFTSMEN EXAMINERS TO INCREASE RATE OF COMPENSATION FROM 
FIFTY DOLLARS ($50.00) PER MEMBER PER MEETING/STUDIO VISIT, 
NOT TO EXCEED TWENTY FIVE (25) MEETINGS/STUDIO VISITS, 
TO SEVENTY-FIVE DOLLARS ($75.00) PER MEMBER PER MEETING/ 
STUDIO VISIT NOT TO EXCEED TWENTY-FIVE (25) MEETINGS/ VISITS 

RECOMMENDATION FROM ADVISORY COMMITTEE OF STREET ARTISTS 
AND CRAFTSMEN EXAMINERS FOR CRITERIA ON "COMPUTER- GENERATED 
AND 'NEW TECHNOLOGY* ART" (proposed criteria attached to 
this agenda) 

JOINT COMMITTEE (STREET ARTISTS PROGRAM COMMITTEE AND AD- 
VISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS) 
HEARING ON PROPOSALS FOR NEW CRITERIA FOR "BEADSTRINGING" 

NEW BUSINESS 







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PROPOSED CRITERIA FOR 
"COMPUTER-GENERATED AND 'NEW TECHNOLOGY' ART" 



On May 20, 1993, the Advisory Committee of Street Artists and 
Craftsmen Examiners unanimously voted to recommend to the Art 
Commission that the following criteria for the certification 
of arts and crafts under the Street Artists Program be adopted: 

COMPUTER-GENERATED AND "NEW TECHNOLOGY" ART: 

(1) The artist must demonstrate, in front of the Advisory 
Committee, creating his/her own images on a computer or other 
equipment. The artist is required to bring a computer or other 
equipment with extension cord and necessary components to 
demonstrate creating the art with the equipment. 

(2) Images not of the artist's own creation must be sig- 
nificantly altered in form and shall be examined for approval 
on a case-by-case basis. 

(3) All computer-generated or other printed work must bear 
the artist's printed signature, initials, logo, or name of 
business on or near the image. 

(4) All laser-printed or photocopied images are subject 
to the same criteria as for commercially printed items - that 
is, limited to 500 per edition. 



SAN FRANCISCO ART COMMISSION 
ACCESSIBLE MEETING POLICY 



1. Full Commission Meetings, and individual Committee 
Meetings of the Art Commission will be held at 25 Van Ness 
Avenue, Suite 70, San Francisco, CA. Twenty Five Van Ness 
is located on the corner of Oak and Van Ness. Suite 70, 
basement level, can be accessed by the two main elevators in 
the lobby of the building. 

2. The closest accessible BART Station is the Civic Center 
Station located at the intersection of Market, Hyde and 
Grove Street. Accessible MUNI Metro lines serving this 
location are the J,K,L,M, and N which stop at Van 
Avenue and Market Street, one-half block from the 
Commission offices. Accessible MUNI lines serving 
corner of Van Ness and Market are 9, 26, and 42. 
information regarding MUNI accessible services, 
(415) 923-6142. 



Ness 

Art 
the 
for more 
please call 



3. American sign language interpreters and/or a sound 
enhancement system will be available upon request at 
meetings. Please contact Sonia Gray in the Community Arts 
and Education Program at (415) 554-9671 at least 72 hours 
prior to meeting. Late requests will be honored if 
possible. 

4. To allow individuals with environmental illness or 
multiple chemical sensitivity to attend any meetings, 
individuals are requested to refrain from wearing perfume or 
other scented products. 



5. Accessible curbside parking has been designated 
Street between Van Ness Avenue and Franklin Street. 



on Oak 



6. Accessible seating for persons with disabilities 
(including those using wheelchairs) will be available. 



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June a, 1993 

Art Commission Conference Room, Suite 70 

2 5 Van Ness Avenue 

San Francisco, California 



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Commissioners present: Aristides Demetrios, Nancy Bechtle, Terri 

Simon, Liza Zenni 

Staff present: Director of Street Artists Program Howard Lazar 

Certification Clerk Antoinette Butt 

Commissioner Demetrios, Chairman, called the meeting to order 
at 4:05 p.m. 

I HEARING REQUESTED BY POLICE DEPARTMENT FOR ART COMMISSION 
AND STREET ARTIST INPUT ON APPLICATIONS FOR PEDDLER 
LICENSES FOR BEACH STREET, NORTH SIDE, AT HYDE STREET 

Program Director Lazar stated that Officer Fred Crisp 
who issues peddler licenses from Central Police Station 
had requested that the Art Commission hold a hearing on 
two applications he had received for pushcarts in the 
street artist area of Beach Street, north side, at Hyde 
Street. Officer Crisp wanted to hear how the artists 
and the Art Commission felt about this. There are 56 
street artist selling spaces, set five feet apart from 
each other, along the curbside of Beach Street. Two of 
these spaces, closest to Hyde Street, had been approved 
by the Board of Supervisors on a trial basis to see whether 
congestion or other problems would arise between the two 
spaces and, opposite them, two existing pushcart peddlers 
who had been "grandfathered" in their location prior to 
the current peddler's ordinance. Since 1975, the Police 
have issued no other peddler licenses for that block of 
Beach Street. 

Mr. Lazar also stated that, by law, the street artists 
must allow a minimum ten-foot pedestrian walkway between 
their displays and an opposite building. While the Beach 
Street sidewalk is 20' 5" wide, the placement of a three- 
foot deep pushcart plus a probable three feet worth of 
space occupied by the pushcart's customers could reduce 
the pedestrian walkway to less than six feet which would 
encroach on the artists' regulation and place them in 
violation of their law. 

A. Application for pushcart stand to sell caramel apples 
and fudge. (M. Chamberland, applicant) The applicant, 



25 Van Nrss Avr. Sum 2 40. San F RAN CISCO, CA. 9 4 10 2 r EL. 4 15.252.2590 



FAX 



415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - June 9, 1993 Page 2 



M. Chamberland, said he did not want to cause conflict 
and would not pursue his request to be close to Hyde 
Street but would investigate the possibility of a loca- 
tion further down Beach Street, away from the artists. 

Application for pushcart stand to sell mounted i-beams 
and rivets from Golden Gate Bridge. (J. Hurley, appli- 
cant) The applicant, Mr. J. Hurley, stated that in 
1988 he purchased 80,000 lbs of cable and rivets from 
the Golden Gate Bridge, has already used 50,000 lbs., 
and wants to sell the remainder as a street peddler. 
The problem, he said, is that all the best locations 
were given to the street artists and there is nothing 
left for pushcart peddlers. He asked that the artists 
relinquish one of their spaces on Beach Street for him. 

Mr. Lazar clarified that the artists have been restricted 
to only a three-block prime area at the Wharf, that 
most of the Wharf which is highly viable has been pro- 
hibited to the artists but not to peddler licensees 
like the penny-machine squasher, and that, as it is, 
the artists have lost through the years over 100 viable 
spaces at the Wharf. 

Commissioner Zenni clarified that the Street Artists 
Program had 500 artists who compete in their lotteries 
for less than 200 viable spaces throughout the city. 

Ms. Eva Liebermann, Planner, Department of City Planning, 
submitted copies of an excerpt from the policy draft 
of the "Fisherman's Wharf Area Plan" being developed 
for the past several years with the collaboration of 
Ms. Liebermann' s department, other City agencies includ- 
ing the Art Commission, and the citizens. Ms. Liebermann 
said that 44 citizens advisory committee meetings have 
been held, as well as 97 Planning subcommittee meetings, 
resulting in the citizens' substantial support of the 
plan. It will go to the Planning Commission as soon 
as the environmental analysis is completed - hopefully, 
this summer. Once it is adopted by the Planning Com- 
mission, it becomes part of the master plan of the city. 

Ms. Liebermann submitted a map of the pedestrian traffic 
flow in the Wharf and described how 60% of the Wharf's 
visitors arrive at its eastern end; the majority walk 
along Jefferson Street and come up Hyde Street to Beach 
Street where they are joined by the people waiting for 
the cablecar (at the critical location where the street 









STREET ARTISTS PROGRAM COMMITTEE - June 9, 1993 Page 3 



artist displays begin). 

Ms. Liebermann referred to the "Wharf Area Plan" Policy 
4: "Allow street activities such as sidewalk vendors, 
artists and performers in the tourist area, but only 
in locations where they will not create problems. ... 
Nor should these encroachments be located where they 
would reduce the effective width of the sidewalk to 
less than 6 feet or to a width where the pedestrian 
flow would exceed four persons per minute per foot for 
an hour during the say . . . pedestrian flow which is 
categorized as ' constrained ' ..." Ms. Liebermann said 
that the effective sidewalk width for the requested 
location would be reduced to less than six feet for 
pedestrians; in addition, the location represented a 
very "constrained" situation. She asked that the Com- 
missioners consider the Plan's Policy 4 as a tool for 
directing the peddler's applications and that additional 
permits in this particular location not be endorsed. 

Mr. Alessandro Baccari, Executive Director of the Fisher- 
man's Wharf Merchants Association, stated that much 
effort has gone into the preservation of the geographical 
area in question so that the economy could be nurtured. 
At present, the area's economy is off by 30%. Both 
the stores and the street artists have fallen on hard 
times. He asked that the Commission, therefore, take 
a protective position with reference to the street 
artists who were trying very hard to live in harmony 
with the merchants. If additional locations are allowed 
for vendors, where pedestrians cannot walk due to con- 
gestion, the harmony will be disrupted. He asked that 
the Commission send the two requests back to the Police 
with a recommendation of denial. 

Mr. Stanley Roth, President of Cart Wheels, stated that 
he owns the hot dog pushcart on Beach Street at Hyde; 
next to him is a stand selling kites. Opposite them, 
adjacent to the curb, are the recently-obtained two 
street artist spaces scheduled for final review by the 
Board of Supervisors after summer. While the street 
artists are accommodating and move their displays as 
far back to the curb as they can to allow the widest 
passageway for pedestrians, the area on busy days 
becomes a "gauntlet" due to the pushcart customers and 
the artists' customers. The addition of two more push- 
carts would further restrict the passageway, causing 
serious congestion. In addition, the Police Code 



STREET ARTISTS PROGRAM COMMITTEE - June 9, 1993 Page 4 



specifically states that a pushcart has to be eighteen 
inches away from the curb ; therefore, the two applicants 
cannot be opposite the curb and against the wall front- 
ing the park. The only reason why Mr. Roth's cart and 
the kite peddler's are there is because they were "grand- 
fathered" prior to passage of the peddler's ordinance 
in 1983 and are exempt from the curb regulation. 

Street Artists John Shaw and John Bass opposed the two 
requests for the following reasons: (1) the sale of 
candy apples and part of the Golden Gate Bridge amidst 
the street artists will destroy the uniqueness of the 
Street Artists Program; and (2) the addition of the 
two peddlers would drastically reduce the area of side- 
walk reserved for pedestrians. 

Ms. Edith McMillan, member of the public, asked the 
Commissioners not to endorse the requests for peddler 
licenses. She also submitted a written statement citing 
the duplication and agency fragmentation of licensing 
in general by the City, the cost expended by the Police 
in issuing licenses, and, in comparison, the self- 
sustaining, "well-working" and "cost-effective" street 
artist licensing program run by the Art Commission. 
She asked that the Commission help to alleviate the 
City's budget crisis by eliminating licensing frag- 
mentation and enlarging the scope of the Program 
Director's overview of street artists and all peddler 
licenses, as well as their enforcement. 

Commissioner Bechtle stated that it would be inappro- 
priate for the Commission ro relinquish selling spaces 
at a time when the street artists are suffering and 
require more spaces. She recommended that the Police 
not issue peddler licenses for the requested location. 

Commissioner Zenni stated that especially since there 
are more qualified street artists than the number of 
spaces, she would oppose relinquishing any of their 
spaces. In addition to having 500 artists to consider, 
the Commission also cares about the interests of the 
merchants as well as the flow of pedestrian traffic 
and other safety factors. 

Commissioner Simon opposed the two requests for the 
reasons that their presence could clutter the area, 
that the Commission's job is to try to preserve the 
selling areas of the artists, and that the Commission 



STREET ARTISTS PROGRAM COMMITTEE - June 9, 1993 Page 5 



is making great effort to promote good will between 
the merchants and the artists. 

Commissioner Demetrios stated that his Commission must 
support the artists and do whatever it could to maintain 
the community spirit of the Program; he therefore would urge 
that the Commission oppose the two peddler requests. 

Commissioner Zenni moved that the Art Commission oppose 
the requests by applicants M. Chamberland and J. Hurley 
for Police peddler licenses on Beach Street, north side, 
at Hyde Street; the motion was seconded by Commissioner 
Bechtle and unanimously approved. 

II HEARING ON REQUESTING BOARD OF SUPERVISORS TO RE-DESIGNATE 
FIVE (5) STREET ARTIST SPACES ON MARKET STREET, SOUTH SIDE, 
SUTTER AND SANSOME STREETS (ADJACENT TO CHEVRON BUILDING) 

Mr. Lazar stated that during the last Christmas season, 
the Street Artists Program negotiated with The Greater 
Market Street Development Association and representatives 
of the Chevron Building, Tishman Speyer Properties, and 
The Empire Group, and obtained from the Board of Super- 
visors twelve additional selling spaces on Market Street 
for the Christmas season. Five of these, adjacent to the 
Chevorn building, were designated for six months. It was 
now time to re-negotiate for their continuation. 

Ms. Carolyn Diamond, Executive Director of The Market Street 
Association (formerly The Greater Market Street Development 
Association), stated that she contacted members of her 
Association regarding the Program's request for re-desig- 
nation of the five spaces on a permanent basis, and there 
was no objection.* Her organization, however, has requested 
that the spaces be marked clearly on the sidewalk, and 
that the Street Artists Program help monitor the illegal 
vendors who have been selling there. Her group wanted 
to see Mr. Lazar continue to coordinate with the Police 
in enforcing the area. 

Street Artists John Nieder and John Bass expressed their 
support of the request and stated that (1) the enforcement 



* Mr. Lazar contacted Mr. W. H. Steele of The Chevron Companies, 
with whom the Program had negotiated last Christmas; Mr. Steele 
said he would attend the Program Committee hearing and oppose 
the request for re-designation. Mr. Steele did not appear. 



STREET ARTISTS PROGRAM COMMITTEE - June 9, 1993 Page 6 



of the area by the regular Police officers was low on their 
priorities; (2) there have been two charitable solicitors 
for whom, officers have said, it is questionable whether 
the Police Department performned "due dilligence" in in- 
vestigating their backgrounds prior to issuing them permits 
to sell their merchandise; and (3) some former street 
artists who have lost their licenses have been selling 
there and helping to make it look like a "flea market." 

Commissioner Demetrios verified with Mr. Nieder that he 
wanted to see a larger proportion of the street artist 
license fees used for enforcement. 

Citing the success of Police enforcement, paid for by 
the Program, in the Wharf area during the recent Memorial 
Day weekend, Mr. Lazar proposed that the Program hire a 
Police officer to patrol the Chevron spaces and also 
Hallidie Plaza which has attracted the sales activities 
of illegal vendors and at least one former street artist 
whose license was revoked. 

Commissioner Zenni , noting that the merchants' endorsement 
of the spaces was contingent on the Police patroling the 
area, stated that the Commission would be remiss in request- 
ing the spaces without having the Program fund Police to 
be there . 

Commissioner Simon stated that the Commission's recently 
approved request for a non-refundable street artist applica- 
tion fee should increase the income of the Program which 
would help pay for more Police enforcement. She referred 
to her own observations of the Program Director getting 
illegal vendors to leave only to have them return the moment 
he left the area. The Commissioner said that the Program, 
if it can afford it, should hire Police for the street 
artist areas all the time to write citations and confiscate 
illegal merchandise. 

Commissioner Bechtle moved that the Board of Supervisors 
be requested to re-designate on a permanent basis five 
street artist selling spaces on Market Street, south side, 
Sutter and Sansome Streets, and that the Street Artists 
Program use available license fees to pay for Police 
enforcement for all street artist selling areas; the motion 
was seconded by Commissioner Zenni and unanimously approved. 

Ill REQUEST BY APPLICANT FOR SCREENING AND CERTIFICATION 



STREET ARTISTS PROGRAM COMMITTEE - June 9, 1993 Page 7 



A. Gary Cicotte - applied August 6, 1990, moved his resi- 
dence and never received his notice for screening. 
Commissioner Bechtle moved that Mr. Cicotte ' s request 
for screening be approved; the motion was seconded by 
Commissioner Simon and unanimously approved. 

IV REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY ISSUANCE 
OF CERTIFICATE 

A. Clyde Austin - Certificate # 3649 expired March 15, 
1993; Mr. Austin's request was received May 28, 1993. 
Commissioner Zenni moved that Mr. Austin's request be 
approved; the motion was seconded by Commissioner Bechtle 
and unanimously approved. 

V REQUEST FROM ADVISORY COMMITTEE OF STREET ARTISTS AND 
CRAFTSMEN EXAMINERS FOR INCREASE IN COMPENSATION 

Mr. Lazar summed up the duties of the Advisory Committee 
ranging from screening street artist wares to studio visits 
to drafting screening criteria to monitoring the arts and 
crafts being sold on the streets - all of which requires 
expertise in the arts and crafts disciplines. The last 
increase in the Committee's compensation was approved by 
the Board of Supervisors in 1990 as $50 per member per 
meeting or studio visit with a limit of 25 meetings/studio 
visits per year. The members were now asking for $75 per 
meeting/studio visit with a limit of 25 meetings/studio 
visits per year. The Program Director stated that the 
Program's budget could afford the increase of $3,125 total 
compensation . 

Advisory Committee members Mathew Porkola, Susan Tibbon, 
and Josie Grant gave the following reasons for their 
request: (1) in their street monitoring duties, the mem- 
bers would continue to evaluate the Commission's present 
screening criteria, as well as inspect the artists' wares 
in order to verify that they are the same items originally 
approved; (2) the arts are the second largest source 
of revenue for San Francisco, and the street artists 
are some of the first contacts enjoyed by visitors; (3) 
the members represent a total of more than a century of 
arts and crafts expertise, and it is essential that the 
Commission's criteria for screening street art continue 
to be formulated by this expertise; and (4) many artists 
have told the members they want to see them on the streets 
more often. 



STREET ARTISTS PROGRAM COMMITTEE - June 9, 1993 Page 8 



Street Artists Edward Steneck, Sandra Bass, and John Bass 
expressed their support of the request. 

Commissioner Demetrios favored the increase in compensation 
to cover the Committee's duties which could, in turn, lead 
to higher quality of art on the streets. 

Commissioner Bechtle moved that the Board of Supervisors 
be requested to increase the rate of compensation for the 
Advisory Committee of Street Artists and Craftsmen Examiners 
from $50.00 per member per meeting/studio visit, not to 
exceed 25 meetings/studio visits per year, to $75.00 per 
member per meeting/studio visit, not to exceed 25 meetings/ 
studio visits per year; the motion was seconded by Commis- 
sioner Simon and unanimously approved. 

VI RECOMMENDATION FROM ADVISORY COMMITTEE OF STREET ARTISTS 

AND CRAFTSMEN EXAMINERS FOR CRITERIA ON "COMPUTER- GENERATED 
AND 'NEW TECHNOLOGY* ART" 

On May 20, 1993, the Advisory Committee drafted and unan- 
imously voted to recommend to the Art Commission that the 
following criteria for the certification of arts and crafts 
under the Street Artists Program be adopted: 

COMPUTER-GENERATED AND "NEW TECHNOLOGY" ART: 

(1) The artist must demonstrate, in front of the Ad- 
visory Committee, creating his/her own images on a computer 
or other equipment. The artist is required to bring a 
computer or other equipment with extension cord and neces- 
sary components to demonstrate creating the art with the 
equipment . 

(2) Images not of the artist's own creation must be 
significantly altered in form and shall be examined for 
approval on a case-by-case basis. 

(3) All computer-generated or other printed work must 
bear the artist's printed signature, initials, logo, or 
name of business on or near the image. 

(4) All laser-printed or photocopied images are sub- 
ject to the same criteria as for commercially printed 
items - that is, limited to 500 per edition. 

Commissioner Demetrios recommended that in Criterion # 1 
the phrase "on a new disk of" be inserted between the 






STREET ARTISTS PROGRAM COMMITTEE - June 9, 1993 Page 9 



words "images" and "a computer or other equipment." Com- 
missioner Bechtle moved that the proposed criteria be so 
amended; the motion was seconded by Commissioner Simon 
and unanimously approved. 

Commissioner Zenni expressed reservations about the allow- 
ance of artists to sell multiple copies of their work 
next to artists who sell one-of-a-kind items. Program 
Director Lazar responded that many years ago City Attorney 
Agnost issued an opinion clarifying that the Art Commission 
was required to license street artists to sell cassette 
tape recordings of their performance, in keeping with the 
Commission's existing policy of licensing multiple prints 
of an artist's painting, drawing, or photograph. Commis- 
sioner Demetrios, nevertheless, wanted to see a smaller 
edition of prints allowed by the current proposed criteria. 

Commissioner Bechtle moved that the proposed criteria be 
further amended by replacing the number "500" with the 
number "50" in the last phrase ; the motion was seconded 
by Commissioner Simon and unanimously approved. The criteria 
as amended was moved, seconded, and unanimously approved. 

VII JOINT COMMITTEE (STREET ARTISTS PROGRAM COMMITTEE AND 

ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAM- 
INERS) HEARING ON PROPOSALS FOR NEW CRITERIA FOR "BEAD- 
STRINGING" 

Program Director Lazar stated that some of the reasons 
for complaints received about the lack of originality 
and the similarity of much of the beadcraft sold on the 
streets are (1) the artists' use of the same bead compo- 
nents, and (2) the artists' copying each other in their 
arrangements of the bead components. In addition, while 
present criteria prohibits the use of commercially man- 
ufactured pendants in earrings and necklaces, unless ap- 
proved on a case-by-case basis by the Advisory Committee, 
many of the beadcrafters are blatantly, without authori- 
zation, displaying such pendants in their work. Finally, 
there are licenseholders who are selling beadstrung items 
which they have purchased and have not altered at all. 

In contrast with these problems, the Program Director 
pointed to those street artists who create highly skilled, 
original beadcraft designs and also incorporate other 
media in their beaded designs: metal, shell, wood, paper. 
Some artists make their own metal, ceramic, glass, or paper 
pendants. Their outstanding work has elevated the reputa- 



STREET ARTISTS PROGRAM COMMITTEE - June 9, 1993 Page 10 



tion of the Program. While they use beads in their work, 
the originality of their items is such that it is possible 
for a customer to distinguish the differences in their 
items from across the street. Mr. Lazar wanted to see 
this factor in the work of all beadstringers in the Program. 

To achieve this, should the Commission re-write its criteria 
to ensure that every beadstringer creates only unique work? 
Or should the Commission first aggressively enforce its 
existing criteria governing pendants as well as single- 
bead, single-strand necklaces? 

Street Artist Abby Ellis presented samples of her beaded 
necklaces and stated she did not want to add other 
components to her strands. Street Artist John Bass stated 
that new rules without adequate enforcement would not work 
and proposed that the Commission prescribe that necklaces 
be strung only on specifically approved, high quality brands 
or cord. Street Artists Edward Steneck and Sharon MacDougal 
called for aggressive enforcement of the existing criteria. 

Advisory Committee Chairman Mathew Prokola clarified that 
beadcraft is the Program's only craft specifically composed 
of elements made exclusively for the purpose of assembly; 
its art exists in design. How to draft design standards 
has been the on-going problem. He added that his Committee 
favored dropping the pendant criteria altogether and prohib- 
iting anyone from using commercially manufactured pendants. 

Advisory Committee member Josie Grant said that her Committe 
wanted to see the criteria prohibiting single-bead, single- 
strand necklaces enforced and wanted to see design patterns 
in necklaces. 

Commissioner Demetrios stated that this item would be 
continued to the next meeting. 

The meeting adjourned at 6:07 p.m. 

Respectfully submitted: 



^ou&aJL 




Howard Lazar 

Director 

Street Artists Program 






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Kl STREET ARTISTS PROGRAM COMMITTEE 

/ 
Wednesday, July 14, 1993 4:00 p.m 

Art CommissTorT Conference Room 

25 Van Ness Avenue, Suite 70 (basement area) 

San Francisco, California 



DOCI IMFMTS DEPT. 

JUL 06 1993 

SAN FRANCISCO 
PUBLIC LIBRARY 



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Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 

shall cross-examine another member of the public or witness 
unless aporoved bv the Proaram Committee. 



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4:00 - 4:45 p.m.: 

I JOINT COMMITTEE (STREET ARTISTS PROGRAM COMMITTEE AND 

ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAM- 
INERS) HEARING ON PROPOSALS FOR NEW CRITERIA FOR "BEAD- 
STRINGING" (continued from 6/9/93 meeting) 



4:45 p.m. : 



HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. Keith Hillius - Certificate # 3055. Alleged violations 

(1) Conducting business in a disorderly and improper 
manner (verbal abuse of Advisory Committee member); 

(2) Obstructing the duty of a staff person. 



PROGRAMS 

Civu Am Con li iion 

Civil' Dimgn Riviiw 

Communiiy Arts 

Si Finn "a i ion 

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Pom it Aiu Proi,u\m 



B. Jose Ruiz - Certificate # 3670. Alleged violations: 
(1) Displaying items (leather and fabric belts) not 
of the artist's own creation; (2) Conducting business 
in a disorderly, improper or hazardous manner (verbal 
harrassment of one artist; threats against another 
artist) . 



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C. Robert Siu - Certificate # 4361. Alleged violations: 
(1) Displaying items (leather and fabric belts) not 
of the artist's own creation; (2) Conducting business 
in an improper manner (aiding and abetting a revokee 
in displaying leather and fabric belts). 

D. Marilyn Fong - Certificate # 919. Alleged violation: 
Displaying items (charm-pendants on earwires; earrings) 
not of the artist's own creation. 

E. Rafael Mendoza - Certificate # 4415. Alleged violation: 
Selling in a location not designated by the Board of 
Supervisors . 

Ill NEW BUSINESS 



2 5 Van Ness Ave. Sum 2 40. San Francisco. CA. 94102 



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415.2 5 2.2 5 90 tax 415.252.2595 



SAN FRANCISCO ART COMMISSION 
ACCESSIBLE MEETING POLICY 

i. Full Commission Meetings, and individual Committee 
Meetings of the Art Commission will be held at 25 Van Ness 
Avenue, Suite 70, San Francisco, CA. Twenty Five Van Ness 
is located on the corner of Oak and Van Ness. Suite 70, 
basement level, can be accessed by the two main elevators in 
the lobby of the building. 

2. The closest accessible BART Station is the Civic Center 
Station located at the intersection of Market, Hyde and 
Grove Street. Accessible MUNI Metro lines serving this 
location are the J,K,L,M, and N which stop at Van Ness 
Avenue and Market Street, one-half block from the Ait 
Commission offices. Accessible MUNI lines serving the 
corner of Van Ness and Market are 9, 26, and 42. for more 
information regarding MUNI accessible services, please call 
(415) 923-6142. 

3. American sign language interpreters and/or a sound 
enhancement system will be available upon request at 
meetings. Please contact Sonia Gray in the Community Arts 
and Education Program at (415) 554-9671 at least 72 hours 
prior to meeting. Late requests will be honored if 
possible. 

4. To allow individuals with environmental illness or 
multiple chemical sensitivity to attend any meetings, 
individuals are requested to refrain from wearing perfume or 
other scented products. 

5. Accessible curbside parking has been designated on Oak 
Street between Van Ness Avenue and Franklin Street. 

6. Accessible seating for persons with disabilities 
(including those using wheelchairs) will be available. 






S I F 



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SAN HIANCISCO A R I COMMISSION 



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DOCUMENTS DEPT, 
AUG 5 1993 

SAN FRANCISCO 
PUBLIC LIBRARY 



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Wednesday, August 11,1993 - 4:00 p.m. 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 (basement area) 

San Francisco, California 



//A 



E N D A 



Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

4:00 - 4:45 p.m. : 

I JOINT COMMITTEE (STREET ARTISTS PROGRAM COMMITTEE AND 
ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAM- 
INERS) HEARING ON PROPOSALS FOR NEW CRITERIA FOR "BEAD- 
STRINGING" (continued from 6/9/93 meeting) 

4:45 p.m. : 

II HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. Keith Hillius - Certificate # 3055. Alleged violations: 

(1) Conducting business in a disorderly and improper 
manner (verbal abuse of Advisory Committee member); 

(2) Obstructing the duty of a staff person. 

B. Jose Ruiz - Certificate ft 3670. Alleged violations: 
(1) Displaying items (leather and fabric belts) not 
of the artist's own creation; (2) Conducting business 
in a disorderly, improper or hazardous manner (verbal 
harrassment of one artist; threats against another 
artist) . 



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C. Robert Siu - Certificate H 4361. Alleged violations: 
(1) Displaying items (leather and fabric belts) not 
of the artist's own creation; (2) Conducting business 
in an improper manner (aiding and abetting a revokee 
in displaying leather and fabric belts). 

D. Marilyn Fong - Certificate ff 919. Alleged violation: 
Displaying items (charm-pendants on earwires; earrings) 
not of the artist's own creation. 

E. Rafael Mendoza - Certificate tf 4415. Alleged violation: 
Selling in a location not designated by the Board of 
Supervisors . 

Ill NEW BUSINESS 



2 5 Van Niss Avi. Sim i i M0. S 



\ N 



UNiivai, CA. 1 >II02 in. 415.252.2590 tax 4 I 5 . 2 5 2 . 2 5 ( ) 5 



ACCESSIBILITY INFORMATION 

^Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will be held at 
25 Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. All meetings are 
held in Suite 70, basement level, and can be accessed by the two main elevators in the lobby of the 
building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to 
assist the city's efforts to accommodate such people, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accomodate these 
individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Sonia Gray in the Community Arts and Education Program at (415)554-9671 at 
least 72 hours prior to meeting. Late requests will be honored if possible. 






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SAN FRANCISCO ART COMMISSION 



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STREET ARTISTS PROGRAM COMMITTEE 



D0C ' <^HTS OEPT 

SEP 8 - J993 

SAN FRANCISCO 
PUBLIC LIBRAE 



MAYOR 
Frank M. Jordan 



^ August 11, 1993 

Art CommissiorT Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



COMMISSIONERS 
Anne Heal 1 . 



MINUTES 

president Commissioners present: Aristides Demetrios, Terri Simon 



|ohn k.riken 
Vice President 

Nancy Bechtee 

Aristides Demetrios 

Alonzo King 

WlELIS F. KlRk 

Robert F. LaRocca 

Genny Lim 

Rai Y. Okamoto 

dodie rosekrans 

Terri Simon 

Liza Zenni 



x officio members 

Presidents of the 

Fine Arts Museums 

Library Commission 

Planning Commission 

Recreation & 

Park Commission 



DIRECTOR OF 
CULTURAL AFFAIRS 

Ioanne Chow Winshii' 



programs 

Civic Art Collection 

Civic Design Review 

Communit\ Arts 

& Education 

PS Symphony Concerts 

Pubiic Art Program 



Strut Artists Licenses 

Suitf 70 

•415.252.2581 



kt Commission Galifrs 

155 Grose Street 

415.554.9682 




Cits and County of 
San Francisco 



Staff present: Director of Street Artists Program Howard Lazar 

Certification Clerk Antoinette Butt 

Commissioner Demetrios, Chairman, called the meeting to order 
at 4:05 p.m. and clarified that the Committee now consisted 
of two members: Commissioner Simon and himself. Commissioner 
Zenni was about to have her baby, and Commissioner Bechtle 
resigned from the Art Commission. 

I JOINT COMMITTEE (PROGRAM COMMITTEE AND ADVISORY COMMITTEE 
OF STREET ARTISTS AND CRAFTSMEN EXAMINERS) HEARING ON 
PROPOSALS FOR NEW CRITERIA FOR "BEADSTRINGING" (continued 
from 6/9/93 meeting) 

Program Director Lazar presented photos taken by Advisory 
Committee member Josie Grant of various displays of bead- 
strung jewelry. The photos illustrated the problems and 
criticism engendered by street artists who use exclusively 
commercially manufactured beads: earrings and necklaces 
with pendants not altered by the artists and visually dom- 
inating the jewelry; identical bead arrangement designs 
on many tables. 

Commissioner Demetrios stated that the Art Commissioners 
at the recent full Commission meeting discussed what they 
felt were long-range problems of the Program. He added 
that his committee is the only committee of the Commission 
which can pass judgment on a person's livelihood; to that 
end, his committee would support its staff's decisions. 
Furthermore, the Commission had discussed raising the 
quality of street art; Commissioner Demetrios said that 
setting perameters on beadcraft would be a step in that 
direction. 

Commissioner Demetrios also stated that he wanted to explore 
possible uses of signage to better identify the artists 
from non-artist peddlers; he would hear the artists' views 
on this at the next committee meeting. 

The Commissioner acknowledged having received a letter 
from Street Artist Sharon MacDougall requesting that the 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1993 Page 2 



Commission allow beadstringers the right to sell necklaces 
composed entirely of the same type of bead, so long as 
such necklaces comprised no more than 15% of the displayed 
merchandise. 

Advisory Committee Chairman Mathew Porkola stated that 
he did not feel percentages were workable as arts and crafts 
criteria, and that beadcraft is inherently a "design" craft 
and not a craft of merely stringing beads. He said his 
committee should be able to approach beadcraft as it 
already does for silkscreened clothing - that is, to make 
its decision (as to whether the item should be licensed) 
on the basis of design. The Advisory Committee, he said, 
does not consider the act of silkscreening to be in and 
of itself a craft. Every new design for a shirt must be 
submitted for approval; otherwise, there would be street 
artist tables and tables of shirts saying only "SAN FRAN- 
CISCO" with little or no accompanying art work (as had 
occurred a few years before with the multitudes of 
"charitable solicitors" on the streets). To apply this 
type of screening to beadstringing would not necessarily 
prohibit a beadstringer from selling some necklaces of 
the same bead if that is part of the craft's overall design 
outlook. 

Mr. Porkola referred to the notes taken by Advisory 
Committee member Susan Tibbon and himself on recent monitor- 
ing duty at Fisherman's Wharf: they had noted that some 
fifteen tables of beadcraft were all identical. The only 
way to deal with this problem, he said, would be to verify, 
as in screening silkscreened clothing, that each table's 
beadcraft is distinct in design. Beadstringing is unique 
inasmuch as no other craft in the Program consists of put- 
ting together parts that were exclusively made for assembly. 
The other crafts require some level of altering or 
transforming raw materials. Therefore, the only assessable 
craft of beadstringing is its design. 

Mr. Porkola remarked about the frustration expressed by 
other street artists who have to spend time in their studios 
casting rings, modeling clay, carving wood, sewing fabric, 
or painting, while beadstringers are able to make their 
items at their stands seven days a week. 

In response to questions from Commissioner Simon, the 
Program Director stated that some beadcraft artists have 
registered two major complaints against the majority of 
beadstringers: (1) some beadstringers sell items they do 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1993 Page 3 



not even string; and (2) there are beadstringers whose 
products represent the least amount of creative input in 
either design or execution. In contrast with these com- 
plaints, there are bead artists who incorporate found 
objects in their designs; there are bead artists who blend 
other materials as wood, metal, or stone with their com- 
mercially manufactured beads; and there are bead artists 
who create their own paper or clay beads and pendants for 
use with the manufactured beads. These beadcraft displays 
are each unique and easily recognizable, one from the other, 
by the public. 

Commissioner Demetrios stated that inherent in the word 
"artist" is the word "creation" which means a transformation 
or an alteration. 

Street Artist Abby Ellis showed the joint committee samples 
of her necklaces using large pendant beads and found 
objects (items not manufactured for the purpose of being 
strung or for assembly). 

The following varied comments were made by Street Artists 
Kris Pokorny, Merlin Willis, Sharon MacDougall, Robert 
Clark, Tad Sky, and Keith Hillius: 

1) Since some bead artists make their own beads and 
pendants, the Program should control other artists' sale 
of commercially manufactured pendants. 

2) It would be a handicap for artists to have to make 
their own beads. 

3) If an artist uses only commercially manufactured 
components, the artist's item must be evaluated on the 
basis of its design. 

4) The artists' selling spaces are being taken seven 
days a week by beadstringers and others who don't have 

to spend time in a studio creating their craft, and this 
seriously reduces the opportunity for studio artists to 
obtain spaces. 

5) The Advisory Committee should re-screen those bead 
artists whose work shows little or no unique or distinctive 
design input. 

6) In proposing new criteria, the Art Commission should 
consider the difference between "handmade" and "hand- 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1993 Page 4 



assembled" because "hand-assembled" does not make the item 
a craft . 

7) While an artist may come up with an original design 
of beads, his design could be copied by other artists 
because "it's what sells," and these artists should not 

be penalized. 

8) Beadstringers should be allowed to sell some neck- 
laces composed entirely of the same type of bead, so long 
as they string such necklaces on quality line. 

Commissioner Simon moved that the Program Director and 
the Advisory Committee draft new language on criteria for 
"BEADSTRINGING" incorporating the Advisory Committee's 
proposal, and that this be placed on the next Program 
Committee agenda; the motion was seconded by Commissioner 
Demetrios and unanimously approved. 

II HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. Keith Hillius - Certificate § 3055. Alleged violations: 
(1) Conducting business in a disorderly and improper manner 
(verbal abuse of Advisory Committee member); (2) obstructing 
the duty of a staff person. 

Program Director Lazar gave the background of the case 
which was initiated by letter-complaint written by Advisory 
Committee Chairman Mathew Porkola after monitoring the 
displays of Mr. Hillius and other artists at Fisherman's 
Wharf. 

The Commissioners acknowledged having read the complaint 
as well as the written responses by Mr. Hillius and 
witnesses to the incident. 

Mr. Porkola stated that the issue raised by his complaint 
was not that of Mr. Hillius' work but his behavior. Mr. 
Hillius, he said, had screamed obscenities at him while 
the Advisory Committee members were performing their mon- 
itoring duty. 

Mr. Lazar emphasized that what makes a confrontation, as 
in this case, important is that (1) the City Attorney clar- 
ified ten years ago that the Art Commission, as a licensing 
agency, has the right to send staffpeople to inspect the 
licenses and sales activities of the street artists; (2) 
the Commission by resolution directed the Advisory Committee 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1993 Page 5 



to perform such monitoring duty; and (3) the City Attorney 
clarified that the Commission has the authority to suspend 
or revoke an artist's permit if it finds that the artist 
obstructed (by any manner) the performance of the monitoring 
duty by the staffperson. 

Mr. Hillius stated that, while he has spent eight years 
investing time and energy into being a street artist, Mr. 
Porkola expressed on several occasions his doubt as to 
the integrity of Mr. and Mrs. Hillius' jewelry, and on 
the day of the incident, Mr. Porkola provoked him to lose 
his temper. Mr. Hillius apologized for yelling at Mr. 
Porkola. He said that when Porkola approached his stand, 
he, Hillius, had been "stressed out," but he did not come 
from behind his table and threaten Porkola. He added that 
he would try to be cordial to Porkola and asked that Porkola 
respect his work. 

Street Artist Maria Hillius stated that at her screening 
by the Advisory Committee, Mr. Porkola was not present; 
yet one month leter he came to her table and told her he 
did not like her work. 

Street Artists Larry Rosenbloom, Kris Pokorny, and Robert 
Siu expressed the following on behalf of Mr. Hillius: 

1) His work is clean and polished and may look com- 
mercially manufactured but it is not. 

2) He shouldn't lose his license because he lost his 
temper. 

3) He did not leave his table, as Porkola alleged, 
to come behind Porkola and physically threaten him. 

Mr. Porkola refuted Mr. Hillius' statement that he had 
provoked him; he said he never got an opportunity to 
discuss the artist's work with him, for Hillius vented 
an immediate tirade against him. 

Commissioner Simon stated that, while he understood how 
stressful it can be to sell on the streets, the artists 
should nevertheless realize that they are some of the first 
people the tourists see in San Francisco. Street artists 
are not the only people who have stress-related jobs. 
Because the artists deal directly with the public, their 
attitude and how they present themselves are of the utmost 
importance. The Commissioner added that before an artist 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1993 Page 6 



chooses to lose his/her temper, the artist should think 
of the consequences and the cost of time and energy in 
responding to charges before the Art Commission - all of 
which takes the artist away from making and selling his/ 
her craft. 

To Mr. Porkola, Commissioner Simon said that, while on 
inspection duty, he should be more sensitive at times to 
the artists. She also felt that to help avoid possible 
personality clashes, Advisory Committee members should 
stay together as they inspect each table. 

Commissioner Demetrios stated that, in administering the 
Street Artists Program, the Commissioners have to trust 
the observations of the staff inspecting the work on the 
streets. If an artist has a problem with this, the artist 
may call the Program Director or come to the Program Com- 
mittee. The Commissioner felt that Mr. Porkola was doing 
his job properly and that he should not be expected to 
deal with resistance. 

It was noted that there was not a preponderance of evidence 
to support the charge. Advisory Committee member Josie 
Grant, the witness on behalf of Mr. Porkola, was out of 
town; and Mr. Porkola 's words against Mr. Hillius 1 did 
not constitute a preponderance of evidence. 

Commissioner Simon moved that it be recommended that the 

charges against Mr. Hillius be dismissed due to a lack 

of preponderance of evidence, and that Mr. Hillius be warned 

that any future incident of his conducting business in 

a disorderly or improper manner or of his obstructing the 

duty of an Art Commission staffperson shall result in 

suspension or revocation of certificate; the motion was 

seconded by Commissioner Demetrios and unanimously approved. 

Commissioner Demetrios moved that if staff is ever insulted 
as in a manner similar to that of the previous case's in- 
cident, suspension or revocation of certificate without 
warning shall result; the motion was seconded by Commis- 
sioner Simon and unanimously approved. 

B. Rafael Mendoza - Certificate # 4415. Alleged violation: 
Selling in a location not designated by the Board of Super- 
visors. 

Program Director Lazar submitted his report with photos 
alleging that on six occasions Mr. Mendoza was observed 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1993 Page 7 



selling in locations not designated by the Board of Super- 
visors, and that staff had given him warnings. 

Mr. Mendoza was not present. It was noted that, according 
to the Commission's "Hearing Procedure of Street Artist 
Violations," in the event an artist fails to appear at 
his/her hearing, the Program Committee may recommend the 
penalty for which the artist is charged, and that this 
was stated in the Program's notice of hearing mailed to 
Mr. Mendoza. 

Commissioner Simon moved that it be recommended that Rafael 
Mendoza be found in violation of the street artist ordinance 
by selling in locations not designated by the Board of 
Supervisors, and that Mr. Mendoza 's certificate be suspended 
for a period of three weeks; the motion was seconded by 
Commissioner Demetrios and unanimously approved. 

C. Jose Ruiz - Certificate § 3670. Alleged violations: 
(1) Displaying items (leather and fabric belts) not of 
the artist's own creation; (2) conducting business in an 
improper manner (aiding and abetting a revok.ee in displaying 
leather and fabric belts). 

With respect to the first charge, Program Director Lazar 
presented his report and photo of Mr. Ruis allegedly selling 
leather and fabric belts not made by him. In addition, 
Advisory Committee members Susan Tibbon and Mathew Porkola 
reported in their notes from monitoring duty that on two 
other occasions Mr. Ruiz was observed selling such belts. 
The Program Director stated that on the back of the belts 
waist size numbers had been stamped in the leather which 
has been observed to be a feature of commercially manu- 
factured belts. 

In addition, the same types of belts were observed on 
another occasion by staff on the displays of Street Artist 
Robert Siu, who was not licensed for the belts, and revokee 
Fernando Hechavarria. This led the Program Director to 
surmise that the belts were easily obtainable and not made 
by Mr. Ruiz. 

Mr. Ruiz stated that he was licensed to sell braided and 
sewn belts, and that he ran out of leather and got leather 
and fabric pieces from Robert Siu and made the belts. 
He added that the leather tongue pieces came already stamped 
with waist sizes. 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1993 Page 8 



Commissioner Demetrios moved that it be recommended that 
Jose Ruiz demonstrate making leather and fabric belts, 
idfentical to those for which he was cited, before 
the Advisory Committee of Street Artists and Craftsmen 
Examiners, and that the Advisory Committee's verification 
be reviewed by the Program Committee for consideration 
of dismissal of the charge; the motion was seconded by 
Commissioner Simon and unanimously approved. 

With regard to the second charge, Mr. Lazar reported that 
the two artists who had submitted complaints about having 
received verbal harrassment and threats from Mr. Ruiz had 
withdrawn their complaints. Therefore, there was no evi- 
dence to pursue the charge. Nevertheless, the Program 
Director pointed out that nearly a year ago he himself 
had received a verbal threat from Mr. Ruiz when he asked 
him to leave an illegal selling space; Ruiz moved his 
display, and the matter was not pursued. However, the 
Program Director asked that Ruiz be given a strict warning 
that verbal harrassment, threats, or other forms of im- 
proper conduct of business will not be tolerated. 

Mr. Ruiz stated that on the day of the incident with the 
Program Director he had been feeling ill, and he apologized 
for his remarks. 

Commissioner Simon moved that it be recommended that 
the charge against Jose Ruiz for conducting business in 
a disorderly, hazardous, and improper manner be dismissed 
due to a lack of preponderance of evidence, and that Mr. 
Ruiz be warned that any future incident of his conducting 
business in a disorderly, hazardous, and improper manner 
shall result in suspension or revocation of certificate; 
the motion was seconded by Commissioner Demetrios and 
unanimously approved. 

D. Robert Siu - Certificate § 4361. Alleged violations: 
(1) Displaying items (leather and fabric belts) not of 
the artist's own creation; (2) conducting business in an 
improper manner (aiding and abetting a revokee in display- 
ing leather and fabric belts for sale). 

The Program Director reported that his assistant and he 
observed Mr. Siu displaying for sale the same leather and 
fabric belts as had been displayed on another occasion 
by Jose Ruiz (see previous case) and also observed Mr. 
Siu helping street artist-revokee Fernando Hechavarria 
pack up a display of the same leather/fabric belts from 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1993 Page 9 



an illegal selling location and place the belts into Hecha- 
varria's van, and Hechavarria helping Siu pack up Siu ' s 
display of belts into Siu's stationwagon. After the alleged 
incident, Mr. Siu submitted leather and fabric belts for 
a screening by the Advisory Committee, but the samples 
of fabric he showed did not match those depicted in the 
staff's photos and the Committee did not approve him for 
certification of the belts. 

Mr. Siu stated he did not know that Mr. Hechavarria ' s cert- 
ificate had been revoked, and that he himself made the 
belts and could demonstrate this before the Program 
Committee. 

Mr. Lazar's assistant, Ms. Antoinette Butt, testified to 
having observed Mr. Siu in the above described activities. 

Commissioner Demetrios moved that it be recommended that 
Robert Siu demonstrate making the leather and fabric belts, 
identical to those for which he was cited, before the 
Advisory Committee of Street Artists and Craftsmen 
Examiners, that the Advisory Committee's verification be 
reviewed by the Program Committee for consideration of 
dismissal of the charge, that Mr. Siu be found in viola- 
tion of the street artist ordinance by having a salesperson, 
and that Mr. Siu's certificate be suspended for a period 
of three weeks; the motion was seconded by Commissioner 
Simon and unanimously approved. 

E. Marilyn Fong - Certificate # 919. Alleged violation: 
Displaying items (charm-pendants on earwires; earrings) 
not of the artist's own creation. 

Program Director Lazar submitted his report and photos 
of Mrs. Fong ' s display of items allegedly not made by 
her: "cablecar" charm-pendants and pseudo-jade and brass 
earrings. This was not the first time she had been ob- 
served in this activity. On February 7, 1983, the Art 
Commission found her in violation for selling commercially 
manufactured pendants and pendant-haircombs , suspended 
the penalty, and warned her that any future violation of 
this type would warrant a one-year suspension. After this, 
Mrs. Fong received written warnings from two Art Inspectors, 
regarding her alleged display of commercially made items 
for sale, in 1987, 1989, and 1991. In addition, the 1989 
warning was personally reviewed by the Program Director and 
the Art Inspector with Mrs. Fong and her husband, and it 
was verified that the warning was understood. 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1993 Page 10 



Speaking on behalf of his wife, Marilyn Fong who was 
present, Mr. Chung Ray Fong stated that his wife said she 
saw no difference between attaching beads and not attaching 
beads to the charm-pendants since all these components 
are manufactured, and that if she were to attach beads, 
she would ruin the beauty of the art. 

Mr. Lazar clarified that the purpose of the criteria for 
incorporating beads with pendants was so that a beadstringer 
would be required to make at least minimal effort in 
creating a design arrangement, and that Mr. and Mrs. Fong's 
own son, a licensed street artist, made that effort with 
his beadcraft. 

Commissioner Simon said that the history of the case showed 
that the artist had been repeatedly warned, and that the 
artist had been in the Program long enough to know the 
rules. 

Commissioner Simon moved that it be recommended that Marilyn 
Fong be found in violation of the street artist ordinance 
by selling items not of the artist's own creation, and 
that Mrs. Fong's certificate be suspended for a period 
of two months; the motion was seconded by Commissioner 
Demetrios and unanimously approved. 

There being no further business, the meeting adjourned at 6:20 
p.m. 



Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program 



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SAN FRANCISCO A III" C O M M I S SI O N 



MAY OH 

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COMMISSIONERS 

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Rai Y. Okamoto 
Dorm Rosfmians 

TFRRI SlMON 

Liza Zfnni 



EX OFFICIO MEMBERS 

PRFSIPFNTS OF THF 

FlNF Aris Musfums 

Library Commission 

Planning Commission 

Recrfation & 

Park. Commission 



DIRECTOR OF 
CULTURAL AFFAIRS 

|oANNt Chow Winsiiii' 



trograms 

Civic Art Collection 

Civic Dfsign Rfviiw 

Communiiy Aris 

& Education 

POPS Symphony Concirts 

Pimiic Art Program 



SlRFFT ARTISTS LlCFNSFS 

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415.252.2581 



Art Commission Gam fry 

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415.554.9682 




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STREET ARTISTS PROGRAM COMMITTEE 



nn^MMCM Tf3 Qtrp To 

SEP 1 7 1993 

' FRANCISCO 
PUBLIC LIBRARY 



Wednesday, Septemb er__22-, — 14M*3-- 4:00 p.m. 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 (basement area) 

San Francisco, California 

AGENDA 

Public testimony is invited and shall be limited to three 
(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

HEARING ON PROPOSAL BY PROGRAM DIRECTOR FOR BOARD OF SUPER- 
VISORS DESIGNATION OF TEMPORARY SELLING SPACES FOR STREET 
ARTISTS IN DOWNTOWN AREA FOR CHRISTMAS SEASON, 1993-94 

Program Director's proposal : the same spaces approved by 
Board of Supervisors last year (Res. Nos. 926-92 and 994- 
92) with the exception of 5 spaces on Market Street, south 
side, 2nd to 1st Streets (adjacent to Chevron Building), 
which are being considered by Board of Supervisors as 
permanent spaces; total number requested: 59; duration 
of temporary usage: November 15, 1993 - January 15, 1994 
(same time period designated for last three years). 

HEARING ON PROPOSAL BY PROGRAM DIRECTOR TO AMEND HEARING 
PROCEDURE OF STREET ARTIST VIOLATIONS BY DELETING PROVISION 
FOR APPEAL TO FULL ART COMMISSION; PROVIDING FOR HEARING 
TO BE CONDUCTED BY EITHER PROGRAM COMMITTEE OR ADVISORY 
COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS; AND 
PROVIDING FOR APPROVAL OF COMMITTEE RECOMMENDATIONS BY 
STREET ARTISTS PROGRAM DIRECTOR 

HEARING ON ADOPTION OF NEW CRITERIA FOR "BEADSTRINGING" 
DRAFTED BY ADVISORY COMMITTEE AND PROGRAM DIRECTOR 
(continued from 8/11/93 meeting) 

Proposed criteria: "BEADSTRINGING (using only commercially 
manufactured beads): The Advisory Committee shall verify 
whether the beadcraft item's commercially manufactured 
bead components are significantly or predominantly altered 
in form by the item's design arrangement. No more than 
15% of an artist's displayed beadcraft may be of items 
comprised entirely of the same type of bead. All 
commercially manufactured pendants are not alrowed unless 
approved as an integral part of the item's design arrange- 
ment. At least two dozen finished samples of each type 
of beadcraft jewelry (bracelets, necklaces, earrings) are 
required to be submitted for certification. 



City aniy County or 
San Francisco 



Continued, 



25 Van Nfss Ave. Suitf 24 0. San Francisco. CA. 9410 2 ifl. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE 

Page 2 



September 22, 1993 Agenda 



IV HEARING ON PROPOSAL BY PROGRAM DIRECTOR TO AMEND LOTTERY 
RULES BY PROVIDING FOR THE PERSON RUNNING THE LOTTERY TO 
CHECK THE VALIDITY OF AN ARTIST'S CERTIFICATE PRIOR TO 

THE ARTIST SIGNING IN FOR A SELLING SPACE (AMENDING LOTTERY 
RULE VIII, "LOTTERY PROCEDURE") 

V HEARING ON ARTISTS* PROPOSAL TO REQUEST BOARD OF SUPERVISORS 
TO DESIGNATE TEMPORARY SELLING SPACES VALID FOR SATURDAYS 
ONLY 

VI HEARING TO CONSIDER PROPOSALS FOR SIGNAGE IDENTIFYING STREET 
ARTISTS 

VII REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE 

A. Carol Davis - Certificate #4200 expired February 14, 
1993; request received by Program on August 12, 1993. 

VIII NEW BUSINESS 






A CCESSIBILITY IN FORMA TION 

^Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will be held at 
25 Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. All meetings are 
held in Suite 70, basement level, and can be accessed by the two main elevators in the lobby of the 
building. 

*#» 
Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible cuibside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to 
assist the city's efforts to accommodate such people, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accomodate these 
individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Sonia Gray in the Community Arts and Education Program at (415)554-9671 at 
least 72 hours prior to meeting. Late requests will be honored if possible. 




// 



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Civic 111 sign Rivhw 

Communiiv Aris 

ft Education 

'S SvMrilONV Conciris 
Puriic Art Program 



SlRlll Ariiui LlCINSlS 

Sum 70 
4 1 5 252 2581 



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155 Grovi Strut 
415 554 9682 




SAN FRANC I SCO ART CO MM I SS ION 



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STREET ARTISTS PROGRAM COMMITTEE 



September 22, 



SEP 2 8 1993 

SAN FRANC3S 
PUBLIC L5BRARY 



MAY(>R 

Frank M |oruan 

( PMMISslONI lis 



Art Commission "Conference Room 
25 Van Ness Avenue, Suite 70 
San Francisco, California 



City aniy County hi 
San Francisco 



//W I N U T E S 

Commissioners present: Aristides Demetrios, Terri Simon 

Staff present: Director of Street Artists Program Howard Lazar 

Certification Clerk Antoinette Butt 

Commissioner Demetrios, Chairman, called the meeting to order 
at 4:37 p.m. 

I HEARING ON PROPOSAL BY PROGRAM DIRECTOR FOR BOARD OF SUPER- 
VISORS DESIGNATION OF TEMPORARY SELLING SPACES FOR STREET 
ARTISTS IN DOWNTOWN AREA FOR CHRISTMAS SEASON, 1993-94 

Program Director Lazar submitted his proposal for temporary 
selling spaces for the Christmas season: the same spaces 
approved by the Board of Supervisors the previous year 
(Resolutions Nos. 926-92 and 994-92) with the exception 
of 5 spaces on Market Street, south side, 2nd to 1st Streets 
(adjacent to Chevron Building), which have been approved 
by the Board of Supervisors as permanent spaces; total 
number requested: 59; duration of temporary usage: November 
15, 1993 - January 15, 1994 (the same period designated 
for the previous three years). 

The Program Director reported that his office sent notice 
of this hearing to 41 downtown merchants and merchant and 
building owner associations. Of these, Mr. Edward Lawson, 
Executive Director of Union Square Association, asked Mr. 
Lazar to inform the Commissioners that his group would 
not contest the matter, since no new spaces were being 
proposed. In addition, a letter was received from Ms. 
Carolyn Diamond, Executive Director, Market Street Assoc- 
iation, which stated that the members of her organization 
who would be affected by the holiday sites had no objections 
to having the street artists in front of their establish- 
ments . 

The Commissioners noted that no store merchants or building 
owners were present. 

Commissioner Simon moved that the Board of Supervisors 
be requested to designate temporary street artist selling 
spaces in the downtown area, as detailed in the Program 
Director's proposal, for the Christmas season, commencing 



25 Van Nfss Ave. Suiie 240. San Francisco. CA. 94102 



rci. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - September 22 , 1993 Page 2 



November 15, 1993 and ending January 15, 1994; the motion 
was seconded by Commissioner Demetrios and unanimously 
approved. 

II HEARING ON PROPOSAL BY PROGRAM DIRECTOR TO AMEND HEARING 
PROCEDURE OF STREET ARTIST VIOLATIONS 

The Program Director reported that the City Attorney's 
office required more time to investigate the proposal. 
Commissioner Demetrios tabled this item. 

III HEARING ON ADOPTION OF NEW CRITERIA FOR "BEADSTRINGING" 
DRAFTED BY ADVISORY COMMITTEE AND PROGRAM DIRECTOR 

(continued from 8/11/93 meeting) 

As per the directive of the Program Committee and the full 
Art Commission, the Advisory Committee of Street Artists 
and Craftsmen Examiners and the Program Director drafted 
the following criteria for "BEADSTRINGING (using only com- 
mercially manufactured beads)": 

The Advisory Committee shall verify whether the bead- 
craft item's commercially manufactured bead components 
are significantly or predominantly altered in form by 
the item's design arrangement. No more than 15% of 
an artist's displayed beadcraft may be of items com- 
prised entirely of the same type of bead. All com- 
mercially manufactured pendants are not allowed unless 
approved as an integral part of the item's design ar- 
rangement. At least two dozen finished samples of each 
type of beadcraft jewelry (bracelets, necklaces, ear- 
rings) are required to be submitted for certification. 

It was noted that the wording of the first sentence was 
in keeping with that of the definition of "Handcrafted 
Item" in Ordinance 41-83: "An item whose components are 
significantly or predominantly altered in form." 

Advisory Committee members Mathew Porkola and Susan Tibbon 
requested that the "15%" provision be deleted because 
strands of the same type of bead look like those which 
are commercially available and would be difficult to 
enforce. The members stressed that all items on a bead- 
crafter's table should be significantly altered in design. 



•#"lr 



Street Artist Sharon MacDougall objected and stated that 
her work, which includes some necklaces of the same type 
of bead, is entirely made by her and therefore fits the 



STREET ARTISTS PROGRAM COMMITTEE - September 22, 1993 Page 3 



handcrafted item definition. She also pointed out that 
at the last hearing, the Program Committee agreed to a 
compromise of allowing no more than 15% of an artist's 
beadcraft to be items of the same type of bead. 

Street Artist Bill Clark stated that the Commission had 
already placed limitations in the criteria for other crafts 
- for example, a limitation on the sale of commercially 
made prints of an artist's original work. The Commission 
could place a limit on the sale of each design of a single 
type of bead necklace. 

Street Artist Edward Steneck proposed that the Art 
Commission have the new criteria translated and printed 
in Chinese. 

Commissioner Simon moved that the proposed criteria be 
amended by inserting the word "total" between the words 
"artist's" and "displayed beadcraft"; the motion was 
seconded by Commissioner Demetrios and unanimously approved. 

Commissioner Simon moved that the proposed criteria for 
"BEADSTRINGING (using only commercially manufactured 
beads)", as amended, be adopted; the motion was seconded 
by Commissioner Demetrios and unanimously approved. 

Commissioner Simon moved that the above criteria, as 
amended, be scheduled for review by the Program Committee 
in three months; the motion was seconded by Commissioner 
Demetrios and unanimously approved. 

Commissioner Demetrios moved that the above criteria, as 
amended be translated into various languages necessary 
for the artists of the Street Artists Program; the motion 
was seconded by Commissioner Simon and unanimously approved. 

IV REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE 

Carol Davis - Certificate # 4200 expired February 14, 1993; 
her request for priority was received by the Program on 
August 12, 1993. Ms. Davis stated that she had allowed 
her certificate to lapse because she had gone to Los Angeles 
to be with her mother who was ill, that she had stayed 
with her for several months, and that she had not known 
when she would return to San Francisco. 

Commissioner Simon moved that Carol Davis's request for 



STREET ARTISTS PROGRAM COMMITTEE - September 22, 1993 Page 4 



priority issuance of certificate be approved; the motion 
was seconded by Commissioner Demetrios and unanimously 
approved. 

HEARING ON PROPOSAL BY PROGRAM DIRECTOR TO AMEND LOTTERY 
RULE VIII, "LOTTERY PROCEDURE," BY PROVIDING FOR THE PERSON 
RUNNING THE LOTTERY TO VERIFY THE VALIDITY OF AN ARTIST'S 
CERTIFICATE PRIOR TO THE ARTIST SIGNING IN FOR A SELLING 
SPACE 

The Program Director explained that the Lottery Committee 
has not been checking for valid certificates, and that 
it had been reported that some artists whose certificates 
had expired were allowed to choose spaces while other art- 
ists with valid certificates were unable to obtain a space 
because of their poor numbers drawn from the lottery. Even 
though artists with expired certificates have a ten-day 
grace period in which to renew, the ten-day grace period 
is not an extension of time in which to sell. The Program 
Director proposed that the Art Commission's LOTTERY RULE 
VIII, "LOTTERY PROCEDURE," be amended as follows (additional 
language underlined ; deleted language in ( ( double 
parentheses ) ) ) : 

Committee member and three helpers on main lottery days 
begin one half hour before lottery time (9:00 a.m.) 
to list name, certificate number, and craft on a blue 
or gold lottery slip (depending on the lottery area). 
( ( Committee members and/or helpers are responsible 
for entering only valid certificate numbers into lot- 
teries. )) The person (lottery member or helper) run- 
ning the lottery shall check the validity of each art- 
ist s certificate prior to the artist's signing in for 
a lottery space. Any artist whose certificate has ex- 
pired and is or is not within the ten-day grace period 
for renewal shall not be allowed to sign in for a sell- 
ing space. 

Commissioner Simon moved that the proposed language be 
amended by deleting the words " (lottery member or helper) 
running the lottery" and inserting the words " assigning 
the spaces " between the words " The person " and " shall 
check " ; the motion was seconded by Commissioner Demetrios 
and unanimously approved. 

Commissioner Simon moved that the above proposed language, 
as amended, amending LOTTERY RULE VIII, "LOTTERY PROCEDURE",, 
be adopted; the motion was seconded by Commissioner 






STREET ARTISTS PROGRAM COMMITTEE - September 22, 1993 ""Plige 5 



Demetrios and unanimously approved. 

VI HEARING ON ARTISTS' PROPOSAL TO REQUEST BOARD OF SUPERVISORS 
TO DESIGNATE TEMPORARY SELLING SPACES VALID FOR SATURDAYS 
ONLY 

Street Artist Bill Clark stated that at the present time 
he did not have actual selling sites to propose, but he 
asked that the Commission approve the concept of requesting 
the Board of Supervisors to designate spaces that would 
(a) be temporary and (b) used only by the artists on 
Saturdays. This would increase the total number of spaces 
for which the artists could compete in their Saturday lot- 
tery which, in terms of the number of artists, is the 
largest lottery of the week. He asked that, upon approving 
the concept, the Commission put over this matter for a 
few months in order to invite artists to submit proposals 
for actual spaces in various neighborhoods of San Francisco. 

Commissioner Simon stated that she has sensed in re^tfent 
months that the merchants have become more accepting of 
the Street Artists Program and would probably be willing 
to consider such temporary, one-day spaces. Commissioner 
Demetrios said he wanted to see this proposal city-wide. 

Commissioner Simon moved that the Commission approve the 
concept of requesting the Board of Supervisors to designate 
temporary selling spaces on a city-wide basis valid for 
Saturdays only; the motion was seconded by Commissioner 
Demetrios and unanimously approved. 

VI HEARING TO CONSIDER PROPOSALS FOR SIGNAGE IDENTIFYING STREET 
ARTISTS 

Program Director Lazar reported on estimated costs the 
Program received for imprinted umbrellas, table skirts, 
tabletop banners, and sign-and-license holders for 500 
street artists, in order to increase the artists' visibility 
for the public and to help in enforcement of the street 
artist and peddler laws. 

Street Artist Bill Clark proposed that the costs be kept 
down by providing for an 8" x 10" decal of the street artist 
logo which appears on the Program's current informational 
leaflet, and that each artist apply this decal to his/her 
display. This would allow for the variety of designs of 
the artists' displays and would still distinguish the 
artists from unlicensed vendors. 



STREET ARTISTS PROGRAM COMMITTEE - September 22, 1993 Page 6 



Street Artist Edward Steneck wanted to see the street 
artist funds spent on more Police enforcement, as per 
the recent success of Jefferson Street enforcement 
during summer, rather than spend money on signage. 
Street Artist Bob Clark said it is City law that all 
businesses must display their licenses, and that his 
own customers have thanked him for displaying his. 
Street Artist Abby Ellis suggested that the artists 
wear a logo-pin. 

Commissioner Demetrios proposed a design or a decal 
that could be given to the artists and would change 
weekly (to deter illegal copying); such designs could 
be printed on a computer. 

Commissioner Simon proposed a contest for the artists 
to submit a proper object and design. 

Commissioner Demetrios moved that a competition be 
held to elicit from the street artists a number of 
proposals for signage to be reviewed by the Art Com- 
mission for a solution to the signage problem, and 
that the winning prize be $250 privately donated; 
the motion was seconded by Commissioner Simon and 
unanimously approved. 

Both Commissioners handed the Program Director their 
personal checks of $125 each for the competition. 

The meeting adjourned at 5:53 p.m. 

Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program 






S F 



A C 



MAYOR 
FRANk M. |ORITAN 

COMMISSIONFRS 

ANNI HlAiS 

I'lllMIHNI 

|OIIN KlllklN 

V ic i P r t s i n I N 1 

Nancy Beciiiii 

ARISTIWS PtMFlHIOS 

Aion/o King 

vviiii>. r. Kirk 

Horn ri I '. 1 aIIocca 

Ginni Iim 

Rai Y. Okamoiu 

noon Rosi mians 

Tfrri Simon 

L I 7A Zinni 

tx orricio membf.rs 

PRESIDING Ol III! 
FlMF ARIS MllMUMS 

Library Commission 

Pianninc. Commission 

Recreation & 

Park Commission 



DIRECTOR OF 
CULTURAL AFFAIRS 

Ioanne Chow WiNsmr 



PROGRAMS 

Civic Art Coiiiction 
Civic Disicn Rfviiw 
community aru 
& Education 
POPS Symphony Concerts 
Ptifuic Art Program 



SAN FRANCISCO Mill COMMISSION 



DOC! IMENTS DEPT. 
3V 31993 



SAN FRANCISCO 
PUBLIC LIBRARY 



STREET ARTISTS PROGRAM COMMITTEE 



Wednesday, Nove mber 10 f 1993^ - '4:00 p.m. 

Art ComTTiTssion Conference Room 

25 Van Ness Avenue, Suite 70 (basement area) 

San Francisco, California 



fo 



/AGENDA 

Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

I HEARING ON PROPOSAL BY PROGRAM DIRECTOR TO AMEND HEARING 
PROCEDURE OF STREET ARTIST VIOLATIONS BY DELETING PROVISION 
FOR APPEAL TO FULL ART COMMISSION; PROVIDING FOR HEARING 

TO BE CONDUCTED BY EITHER PROGRAM COMMITTEE OR ADVISORY 
COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS; AND 
PROVIDING FOR APPROVAL OF COMMITTEE RECOMMENDATIONS BY 
STREET ARTISTS PROGRAM DIRECTOR 

II HEARING ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. Jose Ruiz - Certificate # 3670. Alleged violation: Dis- 
playing items (leather and fabric belts) not of the 
artist's own creation. Review of findings from 10/4/93 
studio visit conducted by Advisory Committee of Street 
Artists and Craftsmen Examiners to verify whether Mr. 
Ruiz creates leather/fabric belts identical to those 
for which he was cited. 

B. Robert Siu - Certificate § 4361. Alleged violation: 
Displaying items (leather and fabric belts) not of the 
artist's own creation. Review of findings from 10/6/93 
studio visit conducted by Advisory Committee of Street 
Artists and Craftsmen Examiners to verify whether Mr. 
Siu creates leather/fabric belts identical to those 
for which he was cited. 



Strfft Ariists Licfnsfs 

Sum 70 

41S.2S2.2S8I 



Art Commission Gaiiiri 

155 Grove Strfft 

415.554 t )<,82 




City anii County of 
San Francisco 



C. Martin Butschek. - Certificate # 3300. Alleged violation 
Selling in a location not designated by Board of Super- 
visors. (Reports submitted by Police Dept. and Street 
Artists Program.) 

D. Gerard Cracas - Certificate # 1908. Alleged violation: 
Selling in a location not designated by Board of Super- 
visors. (Reports submitted by Police Dept. and Street 
Artists Program. ) 

E. Virginia Burris - Certificate # 2354. Alleged violation: 
Selling in a location not designated by Board of Super- 
visors. (Report submitted by Police Dept.) 



Continued, 



25 Van Ness Avf. Sum 240. San FRANCISCO, CA. 94102 TEL. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1993 Agenda 
Page 2 



F. Reinaldo Coronado - Certificate § 3840. Alleged 
violation: Selling in a location not designated by Board 
of Supervisors. (Report submitted by Police Dept.) 

G. Fermin Diaz - Certificate § 4364. Alleged violation: 
Selling in a location not designated by Board of Super- 
visors. (Report submitted by Police Dept.) 

H. Soon Check Gin - Certificate § 3787. Alleged violation: 
Display of items by salesperson on behalf of artist. 
(Report submitted by street artists.) 

III REQUEST BY PROGRAM DIRECTOR FOR AUTHORIZATION TO DESTROY 
AT ANY TIME FILES OF APPLICANTS AND FORMER CERTIFICATE- 
HOLDERS WHOSE CERTIFICATES HAVE EXPIRED PRIOR TO AND IN- 
CLUDING FIVE YEARS PREVIOUSLY, WITH THE EXCEPTION OF FILES 
OF THOSE APPLICANTS AND CERTIFICATE-HOLDERS WHOSE CERTIF- 
ICATES WERE REVOKED OR AGAINST WHOM DISCIPLINARY ACTION 
WAS TAKEN 

IV REQUEST FROM PROGRAM DIRECTOR FOR RESCISSION OF ART COM- 
MISSION RES. NO. 312-92-163 AND RE-INSTATEMENT OF THE 
PROCEDURE OF ISSUING TWO (2) CERTIFICATES TO EACH STREET 
ARTIST 

V REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE 

A. Noreen Colt-Richmond. Certificate # 3924 expired on 
February 14, 1993; request received October 22, 1993. 

B. Diane Berry. Certificate # 3939 expired on September 
1, 1993; request received November 1, 1993. 

C. Enrique Mendoza. Certificate # 4449 expired on Septem- 
ber 21, 1993; request received November 2, 1993. 

D. Lara Hanson. Certificate # 4458 expired on September 
28, 1993; request received November 2, 1993. 

VI REQUEST BY APPLICANT FOR PRIORITY ISSUANCE OF CERTIFICATE 

A. Chin Fong - wares examined by Advisory Committee on 
June 24, 1993; did not submit payment for certificate 
within ten-day allotment period. 

VII NEW BUSINESS 



ACCESSIBILITY INFORMATION 

"Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will be held at 
25 Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. All meetings are 
held in Suite 70, basement level, and can be accessed by the two main elevators in the lobby of the 
building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible cuibslde parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals widi severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to 
assist the city's efforts to accommodate such people, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accomodate these 
individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Sonia Gray in the Community Arts and Education Program at (415)554-9671 at 
least 72 hours prior to meeting. Late requests will be honored if possible. 



S F 



A C 



// 



*~lf 



/S AN FRANCISCO ART COMMISSION 



f/)/v— i PROGRAMS 



ivic Art Collection 

Ci\ ic Design Review 

Communi n Arts 

& Educai ion 

)PS Symphony Concerts 

Pubiic Art Program 



STREET ARTISTS PROGRAM COMMITTEE 

November 10, 1993 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



PU SU^CISC 



MINUTES 

Commissioners present: Aristides Demetrios, Terri Simon, Liza 



Street Artists Licenses 

Suite 70 

415.252.2581 



Zenni 

Staff present: Director of Street Artists Program Howard Lazar 

Certification Clerk Antoinette Butt 

rt Commission Galiery 

155 grove street Comm j LSS -L 0ner Demetrios, Chairman, called the meeting to order 

415.554. 9682 ' ' J 

at 4:00 p.m. 

I REQUEST BY PROGRAM DIRECTOR FOR AUTHORIZATION TO DESTROY 
AT ANY TIME FILES OF APPLICANTS AND FORMER CERTIFICATE- 
HOLDERS WHOSE CERTIFICATES HAVE EXPIRED 

Commissioner Demetrios moved that the Street Artists Program 
Director be authorized to destroy at any time files of 
applicants and former certificate-holders whose certificates 
have expired prior to and including five years previously, 
with the exception of files of those applicants and certif- 
icate-holders whose certificates were revoked or against 
whom disciplinary action was taken; the motion was seconded 
by Commissioner Simon and unanimously approved. 

II REQUEST BY PROGRAM DIRECTOR FOR RESCISSION OF ART COMMISSION 
RES. NO. 312-92-163 

Commissioner Simon moved that Art Commission Resolution 
No. 312-92-163 be rescinded and that the procedure of 
issuing two (2) certificates to each street artist be re- 
instated; the motion was seconded by Commissioner Demetrios 
and unanimously approved. 

III REQUESTS BY FORMER CERTIFICATES-HOLDERS FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE 

A. Norren Colt-Richmond. Certificate #3924 expired on 
February 14, 1993; request received on October 22, 1993. 

B. Diane Berry. Certificate #3939 expired on September 
1, 1993; request received on November 1, 1993. 

C. Enrique Mendoza. Certificate #4449 expired on September 
City and county of 2 ^- > 1993; request received on November 2, 1993. 

San Francisco 




25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1993. Page 2 



D. Lara Hanson. Certificate #4458 expired on September 
28, 1993; request received on November 2, 1993. 

E. Diana Manley. Certificate #4056 expired on September 
9, 1993; request received on November 8, 1993. 

Commissioner Simon moved that the requests of former certif- 
icate-holders Noreen Colt-Richmond, Diane Berry, Enrique 
Mendoza, Lara Hanson, and Diana Manley for priority issuance 
of certificate be approved; the motion was seconded by 
Commissioner Demetrios and unanimously approved. 

IV REQUEST BY APPLICANT FOR PRIORITY ISSUANCE OF CERTIFICATE 

A. Chin Fong. Mr. Fong ' s street artist wares were examined 
by the Advisory Committee of Street Artists and Craftsmen 
Examiners on June 24, 1993, but Mr. Fong did not submit 
payment for a certificate within the ten-day allotment 
period. 

Commissioner Simon moved that applicant Chin Fong's request 
for priority issuance of certificate be approved; the motion 
was seconded by Commissioner Demetrios and unanimously 
approved. 

V HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. Jose Ruiz - Certificate #3670. Alleged violation: Dis- 
playing items (leather and fabric belts) not of the 
artist's own creation. 

Program Director Lazar reported on the findings of the 
Advisory Committee of Street Artists and Craftsmen Exam- 
iners from a visit on October 4, 1993 to Mr. Ruiz's 
studio. The Advisory Committee found that (a) Mr. Ruiz 
did not have the materials (leather and embroidered 
fabric) that matched the materials of the cited belts 
in the Program's photos; (b) Mr. Ruiz did not seem com- 
fortable or experienced with straight-line belt sewing; 
(c) his sewing did not match the stitching of the 
finished belt samples; (d) the studio did not show evi- 
dence of being the place where the belts were made; 
and (e) it could not be determined that Mr. Ruiz made 
the belts in question. 

Mr. Ruiz stated to the Commissioners that, for the day 
of the studio visit, he had not received enough compon- 
ents from street artist Robert Siu to enable him to 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1993 Page 3 



pass the examination; nevertheless, he said he did not 
want to be certified to sell the belts. 

Commissioner Simon moved that the findings of the 
Advisory Committee be approved that Jose Ruiz did not 
create the belts for which he was cited, that Mr. Ruiz 
be found in violation for selling items not of his own 
creation, and that, in lieu of a suspension of certif- 
icate, Mr. Ruiz receive a warning that any future inci- 
dent of his selling any item not of his own creation 
shall result in suspension or revocation of his 
Certifiate; the motion was seconded by Commissioner 
Zenni and unanimously approved. 

B. Robert Siu - Certificate #4361. Alleged violation: 

Displaying items (leather and fabric belts) not of the 
artist's own creation. 

The Program Director stated that while Mr. Siu had in- 
formed him he would be out of town at the time of this 
hearing, the Program Committee, by its own rules, has 
the authority to proceed with a hearing in an artist's 
absence, and that Mr. Siu had the right to appeal the 
Committee's recommendation to the full Commission. Mr. 
Siu had already filed an appeal with the Board of Permit 
Appeals of the Commission's decision to suspend his 
certificate for having a salesperson. 

The Program Director reported that the Advisory Committee 
had, on October 6, 1993, watched Mr. Siu in his studio 
cut, sew, and glue leather and fabric belts and verified 
that (a) "in his sewing, finishing, and assembly methods, 
Mr. Siu appeared both knowledgeable and experienced 
and was forthright in admitting certain parts were made 
for him"; and (b) "he has the skills to make the items 
in question, although they appear identical to certain 
imported goods but of higher quality." The Advisory 
Committee had advised him to replace the "GUATEMALA" 
imprint on the belt components (the leather ends) with 
his own identifying imprint, so as not to mislead the 
public into believing that his belts were imported. 

Following the studio visit, the Program Director found 
Mr. Siu on October 21st in an illegal location and 
selling leather and fabric belts that were stamped 
"GUATEMALA." Not only had Mr. Siu not yet received 
the full Commission's approval to sell the belts but 
the belts, according to the Program Director, were 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1993 Page 4 



either imported or, if they were not, were misleading 
the public. Given the Program's limited resources, 
it would be impossible to continuously monitor Mr. Siu 
to guarantee he would be selling his own created belts. 

In addition to the above report submitted as evidence 
against authorizing Mr. Siu to sell leather and fabric 
belts, the Program Director reported that at the lottery 
for street artist spaces held on Friday, November 5th, 
he was informed that Mr. Siu had boasted to artists 
set up around him that he had fooled the Advisory 
Committee into believing that he made the belts, and 
Mr. Siu had been allowing a female non-licensed vendor 
to sell the belts in his absence. 

Commissioner Zenni moved that the finding by the Advisory 
Committee be approved that Robert Siu is able to create 
leather and fabric belts identical to those for which 
he was cited, but that Mr. Siu be found in violation 
for selling such items which were not certified and 
that his certificate be suspended for two (2) months, 
and that Mr. Siu not be certified to sell leather and 
fabric belts; the motion was seconded by Commissioner 
Simon and unanimously approved. 

C. Martin Butschek - Certificate #3300; Gerard Cracas - 
Certificate #1908. Alleged violation: Selling in a 
location not designated by the Board of Supervisors 
(reports submitted by Police Department and Street Art- 
ists Program). The Program Director reported that both 
artists had allegedly committed two incidents of viola- 
tion: (1) both were cited on August 8, 1993 by Officer 
Stewart Ng for allegedly selling in non-designated loca- 
tions on Jefferson Street; and (2) both were photographed 
on August 20, 1993 by the Program Director in alleged 
non-designated locations on Jefferson Street two days 
after Mr. Lazar had warned them against selling in 
illegal locations (photos and reports submitted as 
evidence ) . 

The Program Director reported on background information 
relevant to the two artists: 

1) The Art Commission had suspended Mr. Butschek' s 
certificate in 1988 for three weeks for selling within 
five feet of another street artist's display (essential- 
ly selling in a non-designated location), and this 
decision had been upheld by the Board of Permit Appeals. 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1993 Page 5 



2) The Art Commission had suspended Mr. Cracas's 
certificate in 1987 for one month for consistently ex- 
ceeding the display size regulations (technically allow- 
ing part of his display to be in a non-designated loca- 
tion) . 

3) Over a five-year period (1988 - 1993) Mr. Butschek 
had been observed selling in non-designated locations 

on 7 occasions and had received warnings from two Art 
Inspectors and the Program Director. 

4) Over a four-year period (1989 - 1993) Mr. Cracas 
had been observed selling in non-designated locations 
on 6 occasions and had received warnings from one Art 
Inspector and the Program Director. 

Reports of the above observations and copies of the 
written warnings with accompanying photos were submit- 
ted as evidence. 

Relative to the first current alleged incident (August 
8, 1993), Officer Stewart Ng testified that both artists 
had been set up on the northeast corner of Jefferson 
Street, at Leavenworth, not in a legal space and in a 
location west of space "J-10." Neither had a lottery 
space assignment slip for the day. Both were cited. 

Mr. Butschek, represented by attorney David Wright, 
stated that he did not have his lottery slip with him 
at the time he was cited, but that he was signed into 
and set up in space "J-ll." 

This was refuted by Officer Ng who testified that all 
the spaces on Jefferson Street that day, "J-l" through 
"J-15," were filled, and Mr. Butschek did not have "J- 
11." Mr. Cracas, as well, was not assigned to a space. 
The officer further checked with the street artist lot- 
tery worker who had the list of spaces and it was con- 
firmed that all the spaces had been assigned and neither 
Mr. Butschek nor Mr. Cracas had a slip for a space. 
After the officer cited them, the two packed up and 
left the area; he did not see them set up again in the 
two blocks of Jefferson spaces for the rest of the day. 

Commissioner Zenni moved that Martin Butschek and Gerard 
Cracas be found in violation for selling in a location 
not designated by the Board of Supervisors on August 
8, 1993, and that Mr. Butschek's and Mr. Cracas's certif- 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1993 Page 6 



icates be suspended for three weeks; the motion was 
seconded by Commissioner Simon and unanimously approved. 

Relative to the second currrent alleged incident (August 
20, 1993), Program Director Lazar stated that he warned 
both artists two days prior to the incident against 
selling in an illegal location, and that two days later 
he photographed them selling in an illegal area on Jef- 
ferson Street, south side, between the last legal space, 
"J-9," and Leavenworth Street. There was a lot of people 
around them - it was during the height of summer - and 
their two displays with their crowd were obstructing 
the sidewalk. In view of the history of suspensions 
and warnings given to them, the Program Director stated 
that both had been given ample warning against selling 
in illegal locations; yet both had continued to do so. 

Street artist Sally Rowley testified that on August 
20th she was selling on Hyde Street and Mr. Burschek 
and Mr. Cracas were selling in spaces next to her; at 
4:00, they moved around the corner for another location 
- on Leavenworth Street - which had just been vacated. 
A family came up to her, looking for them, and she told 
them to go around the corner and catch up with them. 

Mr. Cracas stated that, as Mr. Butschek and he were 
in the process of moving, a family came up to them and 
asked them to date and sign the fun-sketches they had 
done of them previously. They stopped to accommodate 
this request. The incident, he said, took 7-10 min- 
utes . 

The Program Director stated that no artist has the right 
to block a sidewalk and do something for a customer; 
such an act is a public safety problem and should be 
cited by the Police. 

Commissioner Simon viewed the photographs and said that 
it appeared the two artists and their displays were 
"nesting" among everyone. 

Commissioner Demetrios moved that Martin Butschek and 
Gerard Cracas be found in violation for selling in a 
location not designated by the Board of Supervisors 
on August 20, 1993, and that, in lieu of a suspension 
of certificate, Mr. Butschek and Mr. Cracas receive 
a warning that any future incident of their selling 
in a non-designated location shall result in suspension 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1993 Page 7 



or revocation of certificate; the motion was seconded 
by Commissioner Simon and unanimously approved. 

Commissioner Demetrios moved that the three-week 
suspension for Mr. Butschek and Mr. Cracas, for the 
August 8, 1993 violation, be deferred to August 1, 1994; 
the motion was seconded by Commissioner Simon and unan- 
imously approved. 

D. Virginia Burris - Certificate #2354. Alleged violation: 
Selling in a location not designated by the Board of 
Supervisors (report submitted by Police Department). 

Officer G. Neybert testified that he was one of the 
officers paid by the Street Artists Program to enforce 
the street artist ordinance last summer, and on July 
14, 1993, he cited Virginia Burris for not selling in 
a validated location and took photos of the incident 
which were booked as evidence. He submitted the photos 
to the Commissioners. Referring to a map of the street 
artist spaces, the officer stated that Mr. Burris was 
cited in the area between spaces "J-l" and "J-2." Her 
display cart was there at the time he started his patrol, 
shortly after 12 noon; it was still there an hour and 
forty minutes later when he cited her. 

Ms. Burris stated that she had unloaded her display 
from her car on Jefferson Street, her display was cov- 
ered, and she told Officer Neybert that she was in the 
process of moving it to Hyde Street. The reason artists 
unload their displays on Jefferson Street, she said, 
is because there is no parking adjacent to their spaces 
on Hyde Street. The officer's photo showed that her 
display was covered; at no time, she said, did she 
conduct business while setting up the display. 

Mr. Ray Jones, a friend of Ms. Burris, stated that he 
was helping her set up, that the display was covered, 
and that they had arrived at 12:30 to set up. 

In response to questions by the Commissioners, Ms. Bur- 
ris stated that her display requires about forty-five 
minutes to set up; it is easier to set it up on Jeffer- 
son Street because Hyde Street is a hill and her display 
is on wheels; and she was not in the Jefferson Street 
location for two hours. 

Commissioner Demetrios stated that, after hearing both 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1993 Page 8 



viewpoints, he surmised that Ms. Burris's display had 
occupied an illegal location - and that a portion of 
the sidewalk had been obstructed - for at least one 
hour and ten minutes, regardless of whether Ms. Burris's 
intent had been to merely assemble it. 

Commissioner Demetrios moved that Virginia Burris be 
found in violation for improper, disorderly, and 
hazardous conduct of business by obstructing a public 
sidewalk, and that Ms. Burris's certificate be suspended 
for three weeks commencing January 16, 1994; the motion 
was seconded by Commissioner Simon and unanimously 
approved. 

E. Reinaldo Coronado - Certificate #3840 - and Fermin Diaz 
- Certificate #4364. Alleged violation: Selling in 

a location not designated by the Board of Supervisors 
(report submitted by Police Department). 

The Program Director reported that he had written to 
the citing officer, M. Kngrga, to appear to testify, 
but that the officer was not present. The report stated 
that both artists were cited on August 1, 1993, on Hyde 
Street "for operating in an illegal area without a valid 
Art Commission lottery permit ..." The question: Were 
cited for being in a non-designated area, or were they 
in designated locations but did not have lottery slips 
for them? The Program Director clarified that it is 
possible for any artist to set up in a legal space with- 
out having a lottery slip for it if the space was vacated 
by a previous artist or was never selected through the 
artists' lottery. 

Representing and acting as interpreter for both artists, 
Ms. Camille Cook, attorney and former street artist, 
stated that she had been present at the incident, that 
Mr. Coronoado was in legal space "H-ll," and Mr. Diaz 
was in "H-12." The spaces had been vacant because few 
artists were selling on Hyde Street; it was not necessary 
to have lottery slips for the spaces. 

Commissioner Demetrios moved that the charge against 
Reinaldo Coronado and Fermin Diaz of selling in a 
location not designated by the Board of Supervisors 
be dismissed; the motion was seconded by Commissioner 
Simon and unanimously approved. 

F. Soon Check Gin - Certificate #3787. Alleged violation: 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1993 Page 9 



Display of items by salesperson on behalf of artist 
(report submitted by street artists). 

The Program Director reported that a complaint letter 
had been sent by six street artists to the Program, 
relating an incident of Mr. Soon Check Gin's allegedly 
allowing his wife (who is not a licensed street artist) 
to sell in his absence on June 28, 1993, and his wife's 
alleged assault on various artists. The Program Director 
asked the City Attorney's office whether a street artist 
is responsible for the conduct of an individual who 
is related to him but is not a licensed street artist. 
The City Attorney's response was that it would be 
stretching the law to hold an artist responsible for 
the conduct of such a person, as it would be claiming 
that the license imposes strict liability on the license- 
holder. In this particular case, therefore, what 
remained for determination was whether or not the artist 
had violated the law by having a salesperson. 

Mr. Gin was present. The artists who signed the 
complaint had been notified to appear, but none were 
present. It was noted that, because of this, there 
was not a preponderance of evidence to support the 
charge. 

Mr. Lazar produced a signed statement by Mr. Gin which 
stated that, after setting up his display, he left his 
wife to watch it while he telephoned his mother at On 
Lok senior center. He was told that she was not well 
and to come immediately. He was worried and did not 
go back to tell his wife to close down the display. 
He stayed with his mother all afternoon. Less than 
one month later, his mother passed on. (Attached to 
Mr. Gin's statement was a photocopy of the certificate 
of death. ) 

Commissioner Simon moved that the charge against Soon 
Check Gin of having a salesperson be dismissed with 
a warning that any future incident of Mr. Gin's having 
a salesperson shall result in suspension or revocation 
of certificate; the motion was seconded by Commissioner 
Demetrios and unanimously approved. 

VI HEARING ON PROPOSAL BY PROGRAM DIRECTOR TO AMEND HEARING 

PROCEDURE OF STREET ARTIST VIOLATIONS BY DELETING PROVISION 
FOR APPEAL TO FULL ART COMMISSION; PROVIDING FOR HEARING 
TO BE CONDUCTED BY EITHER PROGRAM COMMITTEE OR ADVISORY 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1993 Page 10 



COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS; AND 
PROVIDING FOR APPROVAL OF COMMITTEE RECOMMENDATIONS BY 
STREET ARTISTS PROGRAM DIRECTOR 



The Program Director reported on the City Attorney's 
response to his letter enquiring on whether the hearing 
procedure could be amended as stated in the above wording 
of agenda item VI. To eliminate an appeal hearing by the 
full Commission, it would be necessary to seek an amendment 
of the street artist ordinance; because this change would 
not be inconsistent with the language of the ordinance, 
it would not be necessary to go to the voters for the change 
but to amend the law by action of the Board of Supervisors. 

The City Attorney's office subsequently clarified that 
while the Advisory Committee could be delegated the job 
of holding a preliminary hearing (e.g., in cases dealing 
with alleged violations of the arts and crafts), any 
decisive recommendation would have to come out of a hearing 
conducted by a representative body of the Commission - 
in this case, the Street Artists Program Committee. 

Commissioner Demetrios moved that the Program Director 
be authorized to consult with the City Attorney's office 
in drafting an amendment to Ordinance 41-83 (street artist 
ordinance) which would provide (a) recommendations on 
alleged violation cases heard by the Street Artists Program 
Committee to be submitted directly to the Street Artists 
Program Director who, on behalf of the Art Commission's 
Executive Director (Director of Cultural Affairs) approves 
or disapproves such recommendations but cannot amend the 
findings or recommendations; (b) disapproval of a 
recommendation only if evidence is found that a fair and 
public hearing on the alleged violation had not occurred, 
or certain evidence critical to the hearing had not been 
introduced, or the artist had failed to appear at the 
hearing and is requesting another hearing (such request 
may or may not be approved); (c) the Program Director's 
decision (on behalf of Executive Director) to be made in 
writing; and (d) the Director's decision to not be appeal- 
able at any level of the Art Commission; the motion was 
seconded by Commissioner Simon and unanimously approved. 

VII NEW BUSINESS 

New meeting time. At the request of Commissioner Zenni, 
Commissioner Demetrios stated that, from now on, the 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1993 Page 11 



Street Artists Program Committee would meet regularly at 
3:00 p.m. (rather than at 4:00 p.m.). 

Deferment of suspensions. Commissioner Demetrios requested 
that the next Program Committee agenda contain an item 
for discussion on appropriate or meaningful times of the 
year when certificate suspensions should occur. 

The meeting adjourned at 6:25 p.m. 

Respectfully submitted: 




Howard Lazar 

Director 

Street Artists Program 




programs 

Civic Art Collection 

Civic Hi siun Rfview 

Community Aim 

& Education 

PS Symphony Concerts 

Putuic Art Program 



Sinn I Arums LICENSES 

Sum 70 

415.252.2581 



ill! Commission Caiieky 

1 5 s Grove Sirhi 

•115 554. 9682 




SAN FRANCISCO/ART COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 

January 12 f 1994 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



DOC IMPNTfi DEPTo 

FEB 21994 

SAN FRANC fSCQ 
PUBLIC LIBRARY 



^ 



M 



N U 



Commissioners present: 
Staff present: 



Terri Simon, Aristides Demetrios 



Also present: 



Director of Cultural Affairs Joanne Chow Winship 
Richard Newirth, Assistant Director 
Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Butt 

Members Mathew Porkola, Josie Grant, Wendy 
McPhee, Susan Tibbon, Marcia Weisbrot - 
Advisory Committee of Street Artists and 
Craftsmen Examiners 




City and County of 
San Francisco 



Deputy City Attorney David Greenburg 

Commissioner Simon, Chair, called the meeting to order at 4:00 
p.m. 

I REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

Rochelle Turner - Certificate #1341 expired on December 
1, 1993; Ms. Turner's request was received on January 1, 
1994. Commissioner Demetrios moved that the request of 
Ms. Turner be approved; the motion was seconded by Commis- 
sioner Simon and unanimously approved. 

II REQUESTS BY STREET ARTISTS AND PROGRAM DIRECTOR FOR REVIEW 
AND DISCUSSION ON CRITERIA FOR "BEADSTRINGING (USING ONLY 
COMMERCIALLY MANUFACTURED BEADS)" ADOPTED BY ART COMMISSION 
ON OCTOBER 4, 1993 

The Program Director outlined the problems that have been 
observed in reference to items of beadstringing using com- 
mercially manufactured beads: mosts of the table-displays 
of such items look alike; the artists' bead designs are 
widely copied by their peers; the artists' sales areas are 
dominated by displays of beads strung without incorporating 
any found objects or other materials; it is estimated that 
half of the 450 artists in the Program sell beadstrung items 
as a primary or a secondary craft. At the same time, the 
Art Commission itself adopted, on December 6, 1993, an 
overall Strategic Plan for the Commission which, in refer- 
ence to its Street Artists Program, includes the following 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - January 12, 1994 Page 2 



statements: "Establish and maintain ongoing street artist 
program planning ... to relate the visual contribution of 
their" (street artists) "presence and the quality of their 
craft on the urban landscape and street-scene;" and "Foster 
commitment to more quality of craft and art work in the 
program. " 

The Program Director went on to relate that the Advisory 
Committee of Street Artists and Craftsmen Examiners, in 
keeping with the new "Beadstringing" criteria adopted on 
October 4, 1993, held an initial re-screening on December 
2nd of the items of some 20 licensed beadstringers . As 
per the new criteria, the Advisory Committee attempted to 
ensure more handcraf tsmanship in the beadstringing by 
verifying whether the commercially manufactured bead com- 
ponents were significantly or predominantly altered in form 
by their design arrangement. The wording of the new criteria 
is tailored to that of the definition of "Handcrafted Item" 
in the street artist ordinance: "An item predominantly 
created or significantly altered in form by the street 
artist. " 

In attempting to view design arrangements to ensure greater 
handcraf tsmanship in beadstringing, the Advisory Committee 
on December 2nd ruled out most of the items they examined 
and recommended a six-month period for the beadstringers 
to sell off these items. This resulted in protest by the 
beadstringers as well as some non-beadstringer street 
artists. The Program Director read an excerpt of a letter 
by street artist Amy Dong which aptly described the problem 
as follows: "... Because all beaders are limited to the 
same suppliers in SF, anytime a new design is unveiled on 
the street, within a week one can find the exact duplicate 
on another vendor's table at a lesser price. ... Since there 
is no system in place to identify original designers, how 
would the examiners know at the rescreening process of who 
owns the right of the original? By first come, first passed?" 

As per Ms. Dong's description of the problem, the Program 
Director asked the Commissioners to consider whether the 
Advisory Committee's interpretation and implementation of 
the criteria were what the Commissioners had intended. 

Following the December 2nd re-screening, the Program Director 
received the following suggestions from various street 
artists to remedy the situation: 

1) The Art Commission should require a beadstringer ' s 






STREET ARTISTS PROGRAM COMMITTEE - January 12, 1994 Page 3 



display to be divided evenly between items composed entirely 
of commercially manufactured beads and of the same designs 
of other beadstringers and items that would incorporate 
with the beads found objects, whether they be store-bought 
objects or natural objects (driftwood, seeds, etc.) or bits 
of materials (as metal, wood, or clay). 

2) The Art Commission should establish a quota on the 
number of licenseholders of this craft and, in the future, 
other crafts. This would necessitate a ballot amendment. 

3) The Art Commission should eliminate the criteria 
for "Beadtsringing" altogether, "grandfather in" all current 
beadstringer licensees, and not allow any new beadstringers 
into the Program. As many "grandfathered" beadstringers 
would eventually give up their licenses, the number of bead- 
stringers would slowly decrease. 

4) The Art Commission should implement the above #3 
proposal but allow the Advisory Committee the option to 
approve any new beadstringer whom it feels does exceptional 
design arrangements. 



5) The Art Commission should go to the ballot for 
authority to establish an "A" and "B" license structure 
whereby "A" licenses would be issued only to artists who 
created the most handcrafted and unique work and who would 
then be provided with the best selling spaces, and "B" 
licenses would be issued to other artists for less viable 
selling locations. 



The Program Committee heard from various speakers (bead- 
stringers, non-bead street artists, members of the Advis- 
ory Committee) including attorney R. Stephen Goldstein 
who said he represented 50 street artists and made the 
following remarks: 

(a) The fundamental issue is to what extent the 
Advisory Committee has the power to make a judgment about 
the quality, beauty, or design of beadcraft items; (b) the 
street artist ordinance does not provide for such judgments; 
(c) if an artist makes something with his own hands, he 
is to be licensed; (e) the creation of a handcraft means 
a putting together of disparate elements to give life to 
a new entity; (f) a chairmaker putting together a chair 
doesn't make the wood, the nails, or hammer, but he designs 
how the chair is to be pieced together; nor does a painter 
make the paint, canvas, or brushes, but he puts together 
these elements to create something brand new that didn't 



STREET ARTISTS PROGRAM COMMITTEE - January 12, 1994 Page 4 



exist before; similarly, the beadstringer doesn't make the 
beads, clasps, or tools, but he creates the object by taking 
disparate elements into an arrangement or design that- didn't 
exist before; (g) better quality and workmanship can be 
achieved by establishing guidelines for contests and awards; 
(h) the only thing the Advisory Committee is empowered to 
do is to decide whether an artist made his items. 



In response to questions by the Commissioners and the Program 
Director, Deputy City Attorney Greenburg made the following 
comments : 

1) It did not seem fair or appropriate for the Advisory 
Committee to rule out an artist's design because the 
Committee had seen it on a previous artist's display. 

2) The Advisory Committee could not prohibit the use 

of certain beads because the Committee had seen them before; 
but this would not apply to commercially manufactured pen- 
dants . 

3) It would appear that the Commission could eliminate 
the use of commercially manufactured pendants altogether 
from the criteria. (But the Deputy City Attorney wanted 

to further research this point.) 

4) It was doubtful whether it would be legal for the 
Commission to "grandfather in" the present beadstringers 

if the Commission were to eliminate the criteria for "Bead- 
stringing. " 

5) It would be possible for the Commission to set 
a quota of licenseholders of a certain craft provided 
the Commission obtained such authority at the ballot. 

6) The Advisory Committee's authority is broader than 
the scope interpreted by attorney Goldstein because the 
ordinance's definition "Handcrafted Item" can be applied 
to the question of subj ectivity , and art, by nature, is 
subjective. Furthermore, the Art Commission itself is man- 
dated to make aesthetic decisions and its Advisory Committee 
has the power to implement criteria that would determine 
whether a beadcraft item is predominantly or significantly 
altered. 



STREET ARTISTS PROGRAM COMMITTEE - January 12, 1994 Page 5 

Commissioner Demetrios said that, while "quality of beads" 
and "arrangement of beads" were not in the ordinance, ways 
should be explored to give the Advisory Committee the 
authority to assess the craft on the basis of bead arrange- 
ments . 

The Program Director said that the Commission should not, 
contrary to the opinion expressed by one street artist, 
be lenient in its penalties, and that many artists have 
criticized the Commission for being too lenient and have 
asked that a strong position be taken. Enforcing the rules 
against the sale of commercially manufactured pendants as 
well as beadstrung items not strung by the artist could 
be a short-term solution, without having to go to the ballot, 
which might improve the look of the beads sold on the 
streets . 

Director of Cultural Affairs Winship summarized what she 
heard and suggested the situation may be viewed in two 
phases: (1) As a short-term measure, work should be done 
to clarify the present criteria because it is open to inter- 
pretation and disagreement, and the Advisory Committee should 
communicate the criteria to the applicants; and (2) as a 
long-term measure, the Commission should pursue its consid- 
eration of going to the ballot. 

The Commissioners asked that this discussion and 
consideration of the 5 proposals be continued to the next 
Program Committee meeting. 

The meeting adjourned at 6:10 p.m. 

Respectfully submitted: 



-^/tWo^l 




Howard Lazar 

Director 

Street Artists Program 



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SAN FRANCISCO 
PUBLI C LIBRARY 



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Wednesday ^^February^^i©^ - 3:30 p 

Art Conutllsslon" Conf erence Room 

25 Van Ness Avenue, Suite 70 (basement area) 

San Francisco, California 



END 



AMENDED 
AGENDA 



J 




NOTE: " 
NEW TIME 



Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



\ll I ( i 'MMI'.Ml IN l!\l I I 111 I 
IS.S IHU'M Slllll I 

115 S5-I °(< 8 1 



HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 



c 




Cm AND Col'Nll Ol 

S\n Irani I sc 1 1 



A. John Dobson - Certificate #3097. Alleged violations: 
(1) Displaying items (silver chains, earrings, rings) 
not of the artist's own creation; (2) Displaying items 
(the above) not certified by Art Commission; (3) Selling 
in a non-designated location (second offense). 

B. Juana Andrango - Certificate #4170. Alleged violations: 
(1) Displaying items (scarves, sweaters) not of the 
artist's own creation (second offense); (2) Displaying 
items (scarves) not certified by Art Commission; (3) 
Selling in a non-designated location (third offense). 

II CONTINUED DISCUSSION ON CRITERIA FOR "BEADSTRINGING (USING 
ONLY COMMERCIALLY MANUFACTURED BEADS)" ADOPTED BY ART COM- 
MISSION ON OCTOBER 4, 199 3, AND POSSIBLE MOTION TO APPROVE 
ONE OF THE FOLLOWING PROPOSALS: 

A. Beadstringers ' displays to be divided evenly between 
items composed entirely of commercially manufactured 
beads and items composed of commercially manufactured 
beads and natural or store-bought found objects. 

B. Art Commission establishment, through a ballot amendment, 
of a quota of artists certified for beadtsringing and, 

if necessary, quotas of artists certified for other 
crafts . 

C. Elimination of criteria for "BEADSTRINGING," "grand- 
father" provision for all current beadstringers, and 
prohibition of any new beadstringer from entering Street 
Artist Program. 

D. Elimination of criteria for "BEADSTRINGING," "grand- 
father" provision for all current beadstringers, and 
prohibition of any new beadstringer from entering Street 
Artists Program with the provision for the Advisory 



Continued. . . 
2 5 Van N i s s Ave. Swim 2-40. San F r a n c i s to . C A . 9 4 I ). i i i . 415.252.2590 tax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - February 9, 1994 AGENDA 

Page 2 



Committee to recommend certification of any new bead- 
stringer whom it feels creates outstanding, handcrafted 
bead design arrangements. 

E. Art Commission establishment, through a ballot amendment, 
of "A" and "B" certificate structure: "A" certificates 
to be given to artists who create the most unique and 
handcrafted work and to entitle such artists usage of 
the most viable selling spaces; "B" certificates to 
be given to artists who create less unique and hand- 
crafted work and to entitle such artists usage of lesser 
viable selling spaces. 

III ANNOUNCEMENT OF COMPETITION FOR DESIGN PROPOSALS FOR STREET 
ARTIST DISPLAY SIGNAGE: $250 CASH PRIZE 

IV HEARING ON PROPOSAL TO REQUIRE LOTTERY COMMITTEE MEMBERS 
TO TELEPHONE PROGRAM OFFICE AFTER THE DAILY LOTTERY TO 
INFORM STAFF OF ANY STREET ARTIST WHO DID NOT HAVE A CERTIF- 
ICATE TO SHOW AT THE SIGN IN FOR SPACES 



ACCESSIBILITY INFORMATION 

*Pnrsuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will be held at 
25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. All meetings are 
held in Suite 70, basement level, and can be accessed by the two main elevators in the lobby of the 
building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to 
assist the city's efforts to accommodate such people, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accomodate these 
individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Sonia Gray in the Community Arts and Education Program at (415)554-9671 at 
least 72 hours prior to meeting. Late requests will be honored if possible. 




programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

POPS Symphony Concerts 

Public Art Program 



°OCl* 



SAN FRANCISCO /ART COMMISSION 



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STREET ARTISTS PROGRAM COMMITTEE 

February 9, 1994 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



N U 



4 




Commissioners present: Terri Simon, Aristides Demetrios 



Street Artists LicENSigtaf f present I 

Sunt 70 
415.252.2581 



Also present: 



Art Commission Gallery 

155 Grove Street 

415.554.9682 







Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Butt 

Members Mathew Porkola, Josie Grant, Wendy McPhee 
- Advisory Committee of Street Artists and 
Craftsmen Examiners 

Deputy City Attorney David Greenburg 

Commissioner Simon, Chair, called the meeting to order at 3:40 
p.m. 

I HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. John Dobson - Certificate #3097. Mr. Dobson was not 
present. In keeping with the Commission's "Hearing 
Procedure of Street Artist Violations," the Committee 
heard the case in Mr. Dobson ' s absence. Program Director 
Lazar presented his report and photographs of Mr. 
Dobson' s alleged display of items not of his own creation 
(silver chains, earrings, rings), display of items (the 
above) not certified by the Art Commission, and display 
in a location not designated by the Board of Supervisors 
(Market Street, north side, Montgomery to Grant), second 
offense, on December 15, 1993. In addition, photographs 
were presented of Mr. Dobson 's displaying the above 
items on March 12 and September 24, 1993. The Committee 
acknowledged that Mr. Dobson had been previously 
suspended in 1993 for selling in an illegal location. 

Commissioner Demetrios moved that it be recommended 
that John Dobson be found in violation of the street 
artist ordinance by displaying items not of his own 
creation, by displaying items not certified by the Art 
Commission, and by selling in a location not designated 
by the Board of Supervisors (second offense), and that 
Mr. Dobson 's certificate be suspended for three (3) 
months and two (2) weeks; the motion was seconded by 
Commissioner Simon and unanimously approved. 



City and County of 
San Francisco 



It was noted that the recommendation reduced the total 



STREET ARTISTS PROGRAM COMMITTEE - February 9, 1994 Page 2 



standard penalties for the above violations by two 
months. 

B. Juana Andrango - Certificate #4170. Ms. Andrango was 
not present. In keeping with the Commission's "Hear- 
ing Procedures of Street Artist Violations," the Com- 
mittee heard the case in Ms. Andrango' s absence. Pro- 
gram Director Lazar presented his report and photographs 
of Ms. Andrango 's alleged display of items (scarves 
and sweaters) not of her own creation (second offense) 
and her display of items (the above) not certified by 
the Art Commission, on December 3, 1993. Her scarves 
and sweaters allegedly bore labels saying "Artisans," 
while approximately 75 feet away from her display there 
was a display of an unlicensed female vendor who, accord- 
ing to a submitted photo, was also selling similar 
scarves and sweaters, and these bore labels saying 
"Artisans - Made in Ecuador." In addition, Mr. Lazar 
submitted a copy of a Police citation issued to Ms. 
Andrango by Officer Curtis Liu (one of the officers 
hired by the Street Artists Program to cite and 
confiscate unlicensed merchandise) on December 17, 1993; 
Ms. Andrango ' s "sweaters, jackets, and scarves" were 
cited and confiscated because she was "selling without 
a permit" on Stockton and Ellis Streets, a location 
not designated by the Board of Supervisors. Selling 
in a non-designated location constituted a third offense 
for Ms. Andrango (she was suspended in 1992 and 1993 
for this); and displaying items not of the artist's 
own creation constituted a second offense (she was sus- 
pended in 1992 for this). 

Program Director Lazar submitted additional reports 
and photos of Ms. Andrango ' s selling items (sweaters 
and jewelry ) not of her own creation on November 19, 
1993, and selling items (sweaters and handbags) not 
of her own creation, selling in a non-designated 
location, and selling while under suspension, on April 
30, 1993. 

Commissioner Simon moved that it be recommended that 
Juana Andrango be found in violation of the street artist 
ordinance by displaying items not of her own creation, 
second offense, and by selling in a location not desig- 
nated by the Board of Supervisors, third offense, and 
that Ms. Andrango ' s certificate be revoked; the motion 
was seconded by Commissioner Demetrios and unanimously 
approved. 









STREET ARTISTS PROGRAM COMMITTEE - February 9, 1994 Page 3 



II ANNOUNCEMENT OF COMPETITION FOR DESIGN PROPOSALS FOR STREET 
ARTIST DISPLAY SIGNAGE 

Commissioner Simon announced that all licensed street 
artists will be notified by mail to submit design proposals 
for display signage to be used by all street artists in 
order to increase their public visibility, identify licensed 
street artists as participants in a City-run art program, 
distinguish street artists from unlicensed street vendors, 
and assist in the enforcement of the street artist and 
peddler ordinances. One proposal will be selected and 
awarded a cash prize of $250 which was privately donated 
to the Street Artists Program for this competition. 

III HEARING ON PROPOSAL TO REQUIRE LOTTERY COMMITTEE MEMBERS 
TO TELEPHONE PROGRAM OFFICE AFTER DAILY LOTTERY WITH NAMES 
OF ARTISTS WHO DID NOT HAVE VALID CERTIFICATE AT SIGN IN 
FOR SPACES 

The Commissioners received testimony from street artists 
Bill Clark and Eunice Rodriguez regarding Lottery members 
who allow artists to sign in for spaces without showing 
up-to-date certificates. While some of these artists may 
not have yet received their renewals in the mail, other 
such artists may not have renewed at all; the office should 
be called to verify these people. 

Commissioner Demetrios moved that it be recommended that 
Lottery Committee members be required to telephone the 
Program office after the daily lottery with the names of 
those artists who could not produce a valid certificate 
at their sign in for spaces; the motion was seconded by 
Commissioner Simon and unanimously approved. 

IV CONTINUED DISCUSSION ON CRITERIA FOR "BEADSTRINGING (USING 
COMMERCIALLY MANUFACTURED BEADS)" 

Four proposals for "BEADSTRINGING," offered at the last 
Program Committee meeting, were not voted on. 

The Committee heard testimony from street artists Larry 
Rosenbloom, Dolores Kalom, Jerome Fong (who said he rep- 
resented a new, 31-member group called Asian Artists Assoc- 
iation), Bill Clark, Virginia Burris, Edward Steneck, John 
Shaw, Abby Ellis, Eunice Rodriguez, Ray Jones, Kevin Klee, 
and Advisory Committee of Street Artists and Craftsmen 
Examiners Mathew Porkola and Wendy McPhee . 



STREET ARTISTS PROGRAM COMMITTEE - February 9, 1994 Page 4 



The majority of the artists who were beadstringers urged 
the Program Director to aggressively enforce the present 
rule against the usage of commercially manufactured pendants 
with the exception of those pendants approved by the 
Advisory Committee as being an integral part of the design 
of a beadstrung item. The artists said they would support 
the Program Director's efforts to eliminate from the streets 
commercially manufactured pendants hung from cords, pendants 
with several beads (in earrings and necklaces), and the 
use of a few commercially manufactured beads acting as 
a pendant. The Commissioners asked the Program Director 
to continue to enforce the rule. 

Attorney R. Stephen Goldstein, who said he represented 
50 beadtsringers, stated his interpretation of the street 
artist ordinance with respect to the scope of the Art Com- 
mission and its Advisory Committee: (1) The law does not 
permit subjective screening of the artists' wares; (2) 
all the law requires is that a beadstringer has to be the 
person who creates the artwork which is the same as "putting 
it together"; (3) the problems would be resolved if the 
Program were to more stringently enforce the rules against 
selling pendants, pendants on cords, and pendants on ear- 
wires; and (4) the Art Commission does not have the right 
to establish criteria. 

The Commissioners asked Deputy City Attorney David Greenburg 
to clarify the Commission's authority. Mr. Greenburg clar- 
ified: (1) The Art Commission does have the right to 
establish criteria for any craft it licenses in order to 
determine whether the craft item is predominanty created 
or significantly altered; (2) the Commission's Advisory 
Committee may be delegated authority to make such determin- 
ations; and (3) it is reasonable for the Commission and 
its Advisory Committee, in making such determinations in 
"beadstringing, " to evaluate the design arrangement of 
an item's beads. 

The Commissioners requested the Program Director to arrange 
a meeting for the City Attorney, Mr. Goldstein, the bead- 
stringers, and the Advisory Committee to draft new criteria 
that would make it clear to the Advisory Committee and 
the artists how beadstrung items should be evaluated to 
determine whether they are predominantly created or sig- 
nificantly altered. 

The meeting adjourned at 6:00 p.m. 

Respectfully submitted: 

Howard Lazar 
Director 






STREET ARTISTS PROGRAM 

FY 93-94 









FY 94-95 



my 



PROJECTED REVENUE 
BUDGETED EXPENSES 
PERMANENT SALARIES 

BENEFITS 

OTHER CONTRACTS 1 

OTHER SERVICES 2 

TELEPHONE 



.3 



MATERIALS AND SUPPLIES 
RENTAL' 1 
REPRODUCTION 5 
CAO INSURANCE 

SUBTOTAL EXPENSES 

-JM Before Salary Standardization) 

Estimated Cost Increase for 
Salary Standardization 
(Salary and Benefits) 

TOTAL EXPENSES 

PROJECTED REVENUE OVER 
EXPENSES 



$144 ,000 

$ 75,714 
$ 20,543 
$ 6,250 
$ 12,584 
$ 900 
$ 4,000 
$ 7,290 
$ 1,332 
$_ 30 

$128,643 



$128,643 
$ 15,357 



$150,000 

$ 73,542* 
$ 15,023* 
$ 6,250 
$ 17,700 
$ 900 
$ 6,000 
$ 7,786 
$ 4,500 
$_ 30 

$131 , 131 

$ 4,500 
$135,631 

$ 14,369 



1 



Compensation for Advisory Committee 



Includes postage, transportation, photography, and police 
expenses. Budgeted amount in FY 93-94 for police was 
$10,000, in FY 94-95 it is $15,000. 

^Includes $5,000 for signage; $3,000 was included in FY 
93-94 budget but will not be expended until next year. 
*Rent increase of 6.8% effective July 1, 1994. 
5 Includes $3,000 in FY 94-95 for reprinting the "Blue Book". 



CULTURAL EQUITY ENDOWMENT 

FY 93-94 FY 94-95 

PROJECTED REVENUE $760,548 $1,070,580 

BUDGETED EXPENSES 

PERMANENT SALARIES 1 $ 31,741 $ 71,547* 

BENEFITS $ 7,300 $ 14,759* 

EQUIPMENT 2 $ 8,000 $ 2,000 

OTHER SERVICES 3 $ 26,550 $ 26,550 

MATERIALS AND SUPPLIES 4 $ 4.100 $ 2.000 

SUBTOTAL ADMINISTRATIVE 

EXPENSES $ 77,691 $ 116,856 

,$. (Before Salary Standardization) 

Estimated Cost Increase for 

Salary Standardization j> 4 , 500 

(Salary and Benefits) 



TOTAL ADMINISTRATIVE 

EXPENSES $ 77,691 $ 121,356 

10.22% 11.34% 

TOTAL GRANTS AWARDED $682,857 $ 949,224 

89.78% 88.66% 



1 FY 93-94 partial year 

2 . 
Computer equipment 



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Includes printing/copying expenses, postage, telephone, rent, 
panel expenses, training and software development, 
conference/travel, and facilities fund consulting services. 

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STREET ARTISTS PROGRAM 

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DOC IMErjTS DEPT 

SA'N FRANCISCO 
PUBLIC LIBRARY 

FY 94-95 



PROJECTED REVENUE 
BUDGETED EXPENSES 

PERMANENT SALARIES 

BENEFITS 

OTHER CONTRACTS 1 

OTHER SERVICES 2 

TELEPHONE 

MATERIALS AND SUPPLIES 3 

RENTAL 4 

REPRODUCTION 5 

CAO INSURANCE 

SUBTOTAL EXPENSES 
jjM Before Salary Standardization) 

Estimated Cost Increase for 
Salary Standardization 
(Salary and Benefits) 

TOTAL EXPENSES 

PROJECTED REVENUE OVER 
EXPENSES 



$144 ,000 

$ 75,714 
$ 20,543 
$ 6,250 
$ 12,584 
$ 900 
$ 4,000 
$ 7,290 
$ 1,332 
$. 30 

$128,643 



$128,643 
$ 15,357 



$150,000 

$ 73,542* 
$ 15,023* 
$ 6,250 
$ 17,700 
$ 900 
$ 6,000 
$ 7,786 
$ 4,500 
$_ 30 

$131,131 

$ 4,500 
$135,631 

$ 14,369 



1 



Compensation for Advisory Committee 



Includes postage, transportation, photography, and police 
expenses. Budgeted amount in FY 93-94 for police was 
$10,000, in FY 94-95 it is $15,000. 

Includes $5,000 for signage; $3,000 was included in FY 
93-94 budget but will not be expended until next year. 
4 Rent increase of 6.8% effective July 1, 1994. 
5 Includes $3,000 in FY 94-95 for reprinting the "Blue Book". 



CULTURAL EQUITY ENDOWMENT 

FY 93-94 FY 94-95 

PROJECTED REVENUE $760,548 $1,070,580 

BUDGETED EXPENSES 

PERMANENT SALARIES 1 $ 31,741 $ 71,547* 

BENEFITS $ 7,300 $ 14,759* 

EQUIPMENT 2 $ 8,000 $ 2,000 

OTHER SERVICES 3 $ 26,550 $ 26,550 

MATERIALS AND SUPPLIES 4 $ 4.100 $ 2.000 

SUBTOTAL ADMINISTRATIVE 

EXPENSES $ 77,691 $ 116,856 
Ok (Before Salary Standardization) 

Estimated Cost Increase for 

Salary Standardization jjj 4 , 500 

(Salary and Benefits) 



TOTAL ADMINISTRATIVE 

EXPENSES $ 77,691 $ 121,356 

10.22% 11.34% 

TOTAL GRANTS AWARDED $682,857 $ 949,224 

89.78% 88.66% 



1 FY 93-94 partial year 

2 • 
Computer equipment 

Includes printing/copying expenses, postage, telephone, rent, 
panel expenses, training and software development, 
conference/travel, and facilities fund consulting services. 

Includes office supplies, office furniture, and computer 
software . 
















































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PROGRAMS 



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I'PI'S Si Mlin >N1 ( ONl I IMS 
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STREET ARTISTS PROGRAM COMMITTEE 



Wednesday, ^prill3^JL^a4^ - 4:00 p.m 

Art Commission Conference Room 






25 Van Ness Avenue, Suite 70 (basement area) 
San Francisco, California 

4, 



''//* 



E N D A 



Al' I Cl tMMISSION t > A I I I in 
I5.S Ciltl IVI S| HI I I 

lis ssi 0(,HJ 



Public testimony is invited and shall be limited to three 
(3) minutes per person. No member of the public or 
witness shall cross-examine another member of the public 
or witness unless approved by the Program Committee. 

REQUEST BY PROGRAM DIRECTOR FOR AUTHORIZATION TO REQUEST 
FINAL APPROVAL BY BOARD OF SUPERVISORS FOR PERMANENT DESIG- 
NATION OF TWO (2) SELLING SPACES FOR STREET ARTISTS ON 
BEACH STREET, NORTHWEST CORNER, AT HYDE STREET 



II DISCUSSION AND POSSIBLE APPROVAL OF ANY OF THE FOLLOWING 
AMENDMENTS TO STREET ARTIST LOTTERY RULES AND GUIDELINES 
AS RECOMMENDED FROM APRIL 6, 1994 JOINT MEETING OF STREET 
ARTISTS LOTTERY AND LIAISON COMMITTEES 

A. LIMIT OF ONE MEMBER OF FAMILY UNIT SERVING ON LOTTERY 
COMMITTEE (amending Lottery Rule V, "ELECTION OF LOTTERY 
COMMITTEE" ) 

B. PROHIBITING DISMISSED LOTTERY COMMITTEE MEMBERS FROM 
RUNNING FOR ELECTION TO LOTTERY COMMITTEE (amending 
Lottery Rule VII, "INFRINGEMENTS OF GUIDELINES") 

C. PROHIBITING SUSPENDED STREET ARTISTS FROM RUNNING FOR 
ELECTION TO LOTTERY COMMITTEE (amending Lottery Rule 
VII, "INFRINGEMENTS OF GUIDELINES") 

D. PROHIBITING RESIGNED LOTTERY COMMITTEE MEMBERS FROM 
RUNNING FOR ELECTION TO LOTTERY COMMITTEE (amending 
Lottery Rule V, "ELECTION OF LOTTERY COMMITTEE") 

E. ANNOUNCING ELECTION/CALL FOR CANDIDATES (amending Lot- 
tery Rule V, "ELECTION OF LOTTERY COMMITTEE") 

F. EXCHANGING DAYS OF RUNNING THE LOTTERY (amending Lot- 
tery Rule VIII, "LOTTERY PROCEDURE") 

G. TWO ELECTIONS (SAME BALLOT): ONE FOR NEW POSITIONS, 
ONE FOR FILLING VACANT POSITIONS (amending Lottery 
Rule V, "ELECTION OF LOTTERY COMMITTEE" 

III REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN 

City and County pi ISSUANCE OF CERTIFICATE 

San I haniisici 




Continued. . . 



2 5 Van Ness Ave. Sum 2-40. San Francisco. CA. l M I 2 



i i 



415.252.2 590 tax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - April 13, 1994 Agenda -2- 

A. Roseanne F. Fox - Certificate # 4461 expired January 
7, 1994; Ms. Fox's request received March 23, 1994. 

B. Kurtis Leibfacher - Certificate # 3904 expired July 
July 10, 1991; Mr. Liebf acher ' s request received March 
28, 1994. 

C. Joseph Beckman - Certificate # 4162 expired December 

13, 1993; Mr. Beckman ' s request received March 30, 1994. 

IV REQUEST BY APPLICANT FOR WAIVER OF 10-DAY GRACE PERIOD 
IN OBTAINING CERTIFICATE 

A. Charles Frazier - was screened and approved for 

certification on January 27, 1994 but did not pay for 
certificate . 

IV APPROVAL OF CITY ATTORNEY DRAFT OF PROPOSED ORDINANCE AMEND- 
ING STREET ARTIST ORDINANCE BY DELETING PROVISION FOR FULL 
ART COMMISSION APPEAL OF COMMITTEE RECOMMENDATIONS ON STREET 
ARTIST VIOLATION HEARINGS AND BY PROVIDING FOR APPROVAL 

OF SUCH COMMITTEE RECOMMENDATIONS BY STREET ARTISTS PROGRAM 
DIRECTOR ON BEHALF OF EXECUTIVE DIRECTOR OF ART COMMISSION 

(NOTE: On December 6, 1993, the Art Commission in Resolu- 
tion No. 1206-93-534 authorized the Street Artists Program 
Director to consult with the City Attorney's office in 
drafting an amendment to the street artist ordinance which 
would provide for hearings on street artist violations 
to be conducted by the Street Artists Program Committee, 
delete the provision for appeal in such cases to the full 
Commission, and provide for Committee recommendations in 
such cases to be approved by the Street Artists Program 
Director on behalf of the Director of the Commission. ) 

V HEARING ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

John Crenshaw, Heike Crenshaw - Certificates 4517, 4516. 

(re-hearing of Committee recommendations of 3/9/94) Al- 
leged violations: (1) Selling in a location not designated 
by Board of Supervisors (John Crenshaw, Heike Crenshaw); 
(2) Conducting business in a disorderly, improper or 
hazardous manner (threatening a street artist) (John Cren- 
shaw ) . 

VI ADJOURNMENT 






ACCESSIBILITY INFORMATION 

*Pursuant to City policy and the requirements of the 7973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will be held at 
25 Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. All meetings are 
held in Suite 70, basement level, and can be accessed by the two main elevators in the lobby of the 
building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: • 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to 
assist the city's efforts to accommodate such people, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accomodate these 
individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Sonia Gray in the Community Arts and Education Program at (415)554-9671 at 
least 72 hours prior to meeting. Late requests will be honored if possible. 



S F 



Ak N FRANCISC o/A III COMMISSION 



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A 


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PROGRAMS 


i'i\ h Am Cm iK Hun 

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Communiii Aims 

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TREET ARTISTS PROGRAM COMMITTEE 



DOC impmtr DEPT. 
APR 2 8 1994 

SAN FRANCISCO 
PUBLIC LIBRARY 



_ip ril 13 f 199 4^ 

Art CommTsFsion uonfefence Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



^ 



M 



N U 



, Commissioners present 

Sim i i Am isis I u i Nn s vuiiiiiij.^uj.v/.iv-iu t^j. ^.-.v,.. v. 

Mini 70 Commissioner absent: 

■IIS 252 2581 



Terri Simon, Tom Flynn 
Aristides Demetrios 



Staff present: Director of Street Artists Program Howard Lazar 

Certification Clerk Antoinette Butt 

Am Commission Gaiiho 
155 Grovi 5 1 mil 

■» 15.554.9682 Commissioner Simon, Chair, called the meeting to order at 4:00 
p.m. 

I REQUEST BY PROGRAM DIRECTOR FOR AUTHORIZATION TO REQUEST 
FINAL APPROVAL BY BOARD OF SUPERVISORS FOR PERMANENT DESIG- 
NATION OF TWO (2) SELLING SPACES FOR STREET ARTISTS ON 
BEACH STREET, NORTHWEST CORNER, AT HYDE STREET 

The Program Director reported that the two spaces on Beach 
Street had been designated by the Board of Supervisors 
in 1991 on a temporary basis and had been re-designated 
in 1992 and in 1993. It was now time for a final considera- 
tion by the Board for permanent designation. As before, 
the Board would have to determine whether or not the two 
spaces endanger the public, result in congested pedestrian 
traffic, or threaten the continuation of pre-existing permit 
holders in the immediate area. One such permit-holder, 
Stanley Roth of Cartwheels, whose hot dog stand is directly 
across from the two spaces, telephoned the Program Director 
to request that the spaces be re-designated for another 
six months in order to see whether his new-sized stand 
will work amicably with the street artists' stands; if 
there are no problems over the summer, he will not oppose 
permanent designation of the spaces. 

Commissioner Simon moved that the Program Director be 
authorized to request approval by the Board of Supervisors 
for temporary designation of six months for the two selling 
spaces on Beach Street, northwest corner, at Hyde Street; 
the motion was seconded by Commissioner Flynn and unan- 
imously approved. 

II DISCUSSION AND POSSIBLE APPROVAL OF AMENDMENTS TO STREET 
ARTIST LOTTERY RULES AND GUIDELINES AS RECOMMENDED FROM 
APRIL 6, 1994 JOINT MEETING OF STREET ARTISTS LOTTERY AND 

C ' Y Tan?rTnus 1 !o LIAISON COMMITTEES 




2 5 Van Nrss Avf. Shut 2 4 0. San Francisco, CA. 94102 ill. 415.252.2590 tax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - April 13, 1994 Page 2 



Commissioner Simon moved that the following amendments 
to the Lottery Rules, as recommended from the April 6, 
1994 joint meeting of the Street Artists Lottery and Liai- 
son Committees, be approved: 

PROHIBITING DISMISSED LOTTERY COMMITTEE MEMBERS FROM RUNNING 
FOR ELECTION TO LOTTERY COMMITTEE : Any member dismissed 
by the Art Commission, due to infringement of any lottery 
rule or guideline or violation of any provision of the 
street artist ordinance, shall be prohibited from running 
for election to the Lottery Committee for a period of one 
(1) year after such dismissal. (amending Lottery Rule 
VII, "INFRINGEMENTS OF GUIDELINES") 

PROHIBITING SUSPENDED STREET ARTISTS FROM RUNNING FOR 
ELECTION TO LOTTERY. COMMITTEE : Any street artist serving 
a certificate suspension for having violated any provision 
of the street artist ordinance shall be prohibited from 
running for election to the Lottery Committee during the 
period of his/her suspension. (amending Lottery Rule VII) 

ANNOUNCING ELECTION/CALL FOR CANDIDATES : One week prior 
to an election, at the Saturday lottery prior to the pulling 
of numbers for spaces, the Lottery member running the lot- 
tery shall provide for a verbal announcement of the election 
and a call for candidates and shall clearly state the loca- 
tion of a list on which candidates shall enter their names, 
(amending Lottery Rule V, "ELECTION OF LOTTERY COMMITTEE") 

The motion was seconded by Commissioner Flynn and unanimously 
approved. 

Ill REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE 

A. Roseanne F. Fox - Certificate # 4461 expired January 
7, 1994; Ms. Fox's request was received March 23, 1994. 
Commissioner Simon moved that Ms. Fox's request for priority 
be approved; the motion was seconded by Commissioner Flynn 
and unanimously approved. 

B. Kurtis Leibfacher - Certificate # 3904 expired July 
10, 1991; Mr. Leibfacher's request was received March 28, 
1994. Mr. Leibfacher corroborated his letter to the Com- 
mission with an accompanying medical document: he had given 
up his street artist certificate due to illness. 

Commissioner Simon moved that Mr. Leibfacher's request 












STREET ARTISTS PROGRAM COMMITTEE - April 13, 1994 Page 3 



for priority be approved; the motion was seconded by Commis- 
ioner Flynn and unanimously approved. 

Commissioner Simon moved that a re-screening of Mr. Leib- 
facher's wares be waived; the motion was seconded by Commis- 
sioner Flynn and unanimously approved. 

C. Joseph Beckman - Certificate # 4162 expired December 
13, 1993; Mr. Beckman ' s request was received March 30, 
1994. Commissioner Simon moved that Mr. Beckman' s request 
for priority be approved; the motion was seconded by Com- 
missioner Flynn and unanimously approved. 

IV REQUEST BY APPLICANT FOR WAIVER OF 10-DAY GRACE PERIOD 
IN OBTAINING CERTIFICATE 

A. Charles Frazier - Mr. Frazier was screened and approved 
for certification on July 27, 1994 but, according to his 
letter, had not been able to pay for his certificate within 
the allotted 10-day grace period. Commissioner Simon moved 
that Mr. Frazier' s request for waiver be approved; the 
motion was seconded by Commissioner Flynn and unanimously 
approved . 

V APPROVAL OF CITY ATTORNEY DRAFT OF PROPOSED ORDINANCE AMEND- 
ING STREET ARTIST ORDINANCE BY DELETING PROVISION FOR FULL 
ART COMMISSION APPEAL OF COMMITTEE RECOMMENDATIONS ON STREET 
ARTIST VIOLATION HEARINGS AND BY PROVIDING FOR APPROVAL 

OF SUCH COMMITTEE RECOMMENDATIONS BY STREET ARTISTS PROGRAM 
DIRECTOR ON BEHALF OF EXECUTIVE DIRECTOR OF ART COMMISSION 

The Commissioners acknowledged that the City Attorney's 
draft fulfilled Art Commission Resolution No. 1206-93-534 
which authorized the Street Artists Program Director to 
consult with the City Attorney in drafting an amendment 
which would contain the above provisions. The amendment 
would not require voters' approval; it would be submitted 
to the Board of Supervisors for adoption. The draft made 
it clear that the Program Director would automatically 
approve the findings and recommendations of the Program 
Committee but could disapprove such findings and recom- 
mendations and order a re-hearing if (a) a fair and public 
hearing had not occurred, or (b) evidence critical to the 
artist's case had not been introduced or new evidence was 
available which the artist could not have obtained earlier, 
or (c) the artist failed to appear at the hearing and, 
with good cause, requsted another hearing. The draft also 
emphasized that the Program Director's decision concerning 



STREET ARTISTS PROGRAM COMMITTEE - April 13, 1994 Page 4 



the suspension or revocation of a certificate could not 
be appealed to any level of the Art Commission. The deci- 
sion could be appealed directly to the Board of Permit 
Appeals . 

Street artists Robert Clark, Virginia Burris, and Ray Jones 
requested a provision allotting a time period between the 
Program Committee's recommendation and the Program 
Director's issuance of decision, in order to allow a 
reasonable amount of time for an artist to request a re- 
hearing. 

Commissioner Flynn moved that the City Attorney's draft 
be approved for submittal to the Board of Supervisors, 
and that, upon its approval by the Supervisors, the Art 
Commission approve a policy allowing for five (5) business 
days after Program Committee recommendation for a street 
artist to request a re-hearing subject to the requirements 
for such request as stated in the City Attorney's draft; 
the motion was seconded by Commissioner Simon and unan- 
mously approved. 

VI HEARING ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. John Crenshaw, Heike Crenshaw - Certificates 4517, 4516. 

(John Crenshaw had requested a re-hearing of the Committee's 
findings and recommendations of March 9, 1994, because 
of his and Heike Crenshaw's inability to appear.) 

In re-hearing the case, the Committee heard Street Artist 
Eunice Rodriguez again testify to having witnessed the 
Crenshaws selling in an illegal location (Beach Street, 
northeast corner, at Hyde Street) on January 23, 1994, 
to their refusal to move to a legal location when she asked 
them, and to Mr. Crenshaw's verbally threatening her. 

Street Artist Jesse Rodriguez testified that he saw John 
Crenshaw set up with his display in the illegal location 
on that day. 

Street Artist Scott Randle testified that he was selling 
a few feet away from space "Hyde-21" that day when he saw 
John Crenshaw set up in the illegal location, but he did 
not hear the verbal exchange between Mr. Crenshaw and Mrs. 
Rodriguez . 

Officer Dan Wynne testified to being called to the incident 
at 12:30 p.m. and witnessing the Crenshaws in the illegal 



STREET ARTISTS PROGRAM COMMITTEE - April 13, 1994 Page 5 



location; they were fully set up, their merchandise clearly 
on display. When he told them to pack up, Mrs. Crenshaw 
protested . 

Mr. Crenshaw stated that he and his wife had been selling 
on Hyde Street, that the wind and the rain - a quick down- 
pour at 12:30 p.m. - had toppled their display, and that 
they had moved to the more sheltered position around the 
corner to repair their display. They made no sales there 
and had no customers. He denied threatening Mrs. Rodriguez, 
He apologized to Mr. Rodriguez for any misunderstanding. 

Mrs. Rodriguez further testified that she had witnessed 
Mr. Crenshaw conduct business in the illegal location and 
that he had talked to customers. She also stated that 
there had been no wind or rain, that it had been a bright, 
sunny day. 

Program Director Lazar reported that he had called the 
National Weather Service for the weather for the day of 
the incident and had been told that it had rained in the 
morning before 10:00 a.m. and had yielded only l/100th 
of an inch between 10 and 11:23 a.m., that the wind at 
noontime was only 11 knots and "not considered strong." 

Officer Wynne testified that it was sunny when he responded 
to the call. 

Commissioner Flynn noted that there was a preponderance 
of evidence (witness testimony) that the Crenshaws had 
sold in an illegal location, but that there was only one 
witness's word against the defendant's and therefore not 
a preponderance of evidence regarding the charge against 
Mr. Crenshaw of having threatened an artist. 

Commissioner Flynn moved that the Committee rescind its 
recommendation of March 9, 1994 that John Crenshaw be found 
in violation for conducting business in a disorderly, im- 
proper or hazardous manner by threatening a street artist; 
the motion was seconded by Commissioner Simon and unan- 
imously approved. 

Commissioner Flynn moved that John Crenshaw be found in 
violation for selling in a location not designated by the 
Board of Supervisors, and that Mr. Crenshaw's certificate 
be suspended for a period of three weeks should he re-apply 
for and receive a new certificate; the motion was seconded 
by Commissioner Simon and unanimously approved. 



STREET ARTISTS PROGRAM COMMITTEE - April 13, 1994 Page 6 



The Committee noted that its finding and recommendation 
of March 9, 1994, regarding Heike Crenshaw (three-week 
suspension for selling in a non-designated location), still 
stood and would be submitted to the full Commission. 

VII COMMENTS FROM THE PUBLIC 

Street Artist Robert Clark requested two items be put on 
the next month's Committee agenda: (1) Hearing and possible 
motion to rescind the Commission's 10-day policy for new 
artists to pay for a certificate; and (2) Hearing and 
possible motion to amend the Program's certification pro- 
cedures by starting a renewed certificate's validity on the 
day it is renewed within the 10-day grace period (rather 
than back-dating it to its original expiration day). 

Street Artist Eunice Rodriguez said she would oppose Mr. 
Clark's second item. 

Street Artist Therese Roller said she would submit items 
regarding additional amendments to the lottery rules and 
procedures to be placed on the next agenda. 

There being no further business, Commissioner Simon 
adjourned the meeting at 5:00 p.m. 

Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program 






- 



/A 



AN FRANCISCO/ART COMMISSION 



DOrflMEMTQ nFPT STREET ARTISTS PROGRAM COMMITTEE 



MAY 4 1994 Wednesday, May^TlT^ 1 994j> 4:00 p.m. 

Art Commission Conference Room 
SAN FRANCISCO V an Ness Avenue, Suite 70 (basement area) 

Civic Design Review PUBLIC LIBRARY 



PROGRAMS 
Civic Art Collection 



Community Arts 

& Education 

POPS Symphony Concerts 

Public Art Program 



San Francisco, California 



£* 



N 



Note: Public testimony is invited and shall be limited to three 
street artists licenses ( 3 ) minutes per person. No member of the public or witness 
415 25 S 2'258°shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



Art Commission Gallery I 
155 Grove Street 
415.554.9682 



II 



HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

A. Dickran Knoble - Certificate #1994. Alleged violation: 
Selling in a location not designated by the Board of 
Supervisors . 

B. Charles Strobino - Certificate #3169. Alleged violation: 
Selling in a location not designated by the Board of 
Supervisors . 

REQUEST FOR WAIVER OF 10-DAY GRACE PERIOD IN OBTAINING 
CERTIFICATE 



A. Frank Berumen (former certificate-holder) approved by 
Art Commission March 7, 1994 for priority in issuance 
of certificate. 




Ill REQUESTS BY FORMER CERTIIFCATE-HOLDERS FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE 

A. Deborha Richardson - Certificate #4258 expired January 
16, 1993; Mrs. Richardson's request was received April 
1, 1994. 

B. Dennis Klein - Certificate #2690 expired January 13, 
1994; Mr. Klein's request was received April 11, 1994. 

C. Penelope Valle - Certificate #4371 expired January 25, 
1994; Ms. Valle's request was received April 21, 1994. 

D. Xiu Juan Ji - Certificate #4238 expired September 25, 
1993; Ms. Ji's request was received April 18, 1994. 

E. Joseph Williams - Certificate #4140 expired February 

5, 1994; Mr. Williams' request received April 28, 1994. 



City and County of 
San Francisco 



IV HEARING AND POSSIBLE MOTION TO RESCIND 10-DAY GRACE PERIOD 
(AFTER COMMITTEE EXAMINATION) IN OBTAINING CERTIFICATE 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - May 11, 1994 Agenda 
Page 2 



V HEARING AND POSSIBLE MOTION TO APPROVE PROCEDURE OF 
COMMENCING VALIDITY OF A RENEWED CERTIFICATE ON THE DAY 
OF ITS PAYMENT (WITHIN THE 10 -DAY GRACE PERIOD) 

VI HEARING AND POSSIBLE MOTION TO APPROVE ANY OF THE FOLLOW- 
ING PROPOSALS TO AMEND LOTTERY RULES AND GUIDELINES 

A. LIMITING THE NUMBER OF COMPENSATED SPACES IN EXCHANGE 
FOR RUNNING THE LOTTERY : In any given month, no 
individual artist or family unit may be compensated 
with more than four (4) days of free selling spaces 
in exchange for running the lottery, (amending Rule 
VIII, "LOTTERY PROCEDURE 11 ) 

B. PROHIBITING LOTTERY COMMITTEE MEMBER FROM BEING COM- 
PENSATED WITH FREE SPACE FOR BEING HELPER : A Lottery 
Committee member may not be compensated by receiving 
a free space if asked to serve as helper under any 
circumstance, (amending Rule VI, "HELPER'S RULE") 

C. ABOLISHING UNOFFICIAL MINI-MINI LOTTERY ON SECOND DAY 
OF LOTTERY PERIOD : The practice of holding an unof- 
ficial "mini-mini lottery" on the second day of any 
lottery period is abolished, (amending Rule X, "MINI- 
LOTTERIES") 

D. PROVIDING FOR IMMEDIATE DISMISSAL OF LOTTERY MEMBER 
FOR FAILURE TO RUN LOTTERY : Failure of a Lottery Com- 
mittee member to appear to run the lottery on his/her 
day twice during their elected term shall result in 
immediate dismissal from the Committee by the Street 
Artists Program Director; such dismissal may be appealed 
to the Art Commission; however, the member may not serve 
on the Lottery Committee during the interim of dismissal 
and decision from appeal, (amending Rule VII, "INFRINGE- 
MENTS OF GUIDELINES") 



ACCESSIBILITY INFORMATION 

*Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accoimnodations to the needs of persons with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will be held at 
25 Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. All meetings are 
held in Suite 70, basement level, and can be accessed by the two main elevators in the lobby of the 
building. 

Accessible seating lor persons with disabilities, including those in wheelchairs, will be available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: • 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to 
assist the city's efforts to accommodate such people, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accomodate these 
individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Soma Gray in the Community Arts and Education Program at (415)554-9671 at 
least 72 hours prior to meeting. Late requests will be honored if possible. 



^AN FRANCISCO/^RT COMMISSION 

25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 @Cf //j 



"^^o^ r 



//STREET ARTISTS PROQRAM COMMITTEE Pl^^A 






Art Comm lasiu iT^Conf erence Room 
25 Van Ness Avenue, Suite 70 

M I N U 



flL (J San Francisco, California 



#/ 



Commissioners present: Terri Simon, Tom Flynn 
Commissioner absent: Aristides Demetrios 

Staff present: Director of Street Artists Program Howard Lazar 

Certification Clerk Antoinette Worthy (Butt) 

Commissioner Simon, Chair, called the meeting to order at 4:00 
p.m. 

I HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 

Dickran Knoble - Certificate # 1994; Charles Strobino - 
Certificate § 3169. Program Director Lazar submitted a 
letter from Street Artists Silina and Robert Kreisel 
alleging that on April 16, 1994, Street Artists Srobino 
and Knoble sold in locations not designated by the Board 
of Supervisors - specifically, Strobino, who had obtained 
space "B-39" in the lottery, allegedly sold outside of 
the space; while Knoble, who had not obtained a space, 
allegedly sold between spaces "B-38" and "B-39." 

Mr. and Mrs. Kreisel testified that, on April 16th, Mr. 
Strobino was set up with display between "B-39" and the 
adjacent crosswalk during the morning, and between 5:00 
- 5:30 p.m., Mr. Knoble occupied this location while Mr. 
Strobino sold in the legal space he had obtained, "B-39." 
Mr. and Mrs. Kreisel observed Lottery Committee member 
Virginia Burris speak to the two artists at 12:00 noon, 
but she could not get either of them to move to a legal 
space. Mr. Kreisel further testified that Strobino and 
Knoble had made it a practice, over the past five years, 
to sell in the illegal location next to "B-39." Mr. Kreisel 
submitted photos of the two taken, he said, in 1991. 

Mr. Lazar informed the Commissioners that Mr. . Strobino 's 
file contained no report of any earlier alleged violation 
of any kind, but Mr. Knoble' s file contained a copy of 
a written notice issued by Lazar to Knoble on August 28, 
1992, citing Knoble 's alleged selling in the illegal 
location next to "B-39." Lazar submitted the notice and 
accompanying photographs. 

Mr. Knoble stated that during the entire afternoon of April 



STREET ARTISTS PROGRAM COMMITTEE - May 11, 1994 Page 2 



16th he was between "B-38" and "B-39" with the intention 
of moving into a legal space when such a space would be 
vacated. In response to questions by the Commissioners, 
he said that during the afternoon he "was more set up than 
not set up" for business. 

Mr. Strobino stated that when Lottery member Burris told 
him at noon that he was outside of his space, he moved 
back to his space. He said also that artists who sell 
in spaces "B-39" to "44" tend to "slide down" (away) from 
their spaces to be closer to the flow of customers coming 
from the crosswalk. Strobino admitted that, in "sliding," 
he and his display had been two feet outside of his space. 
He asked the Commissioners to consider that his file had 
no record of any violation prior to the present complaint. 
He also stated that he had nothing to do with Mr. Knoble 
or the complaint against him, and that this was a case 
of photographer competitors, the Kreisels and Knoble, having 
an ongoing problem with each other. 

Mrs. Kreisel testified that, despite Lottery member Burris 
having talked to the two artists, both Strobino and Knoble 
still had not moved from their illegal locations as of 
2:15 p.m. Mrs. Kreisel submitted the lottery's April 16 
sign-up sheet which, she said, showed plenty of unused 
spaces from which Knoble could have chosen. The Commis- 
sioners observed that Knoble 's name did not appear at all 
on the sheet, whereas Strobino 's name was entered in "B- 
39." 

Mr. Kreisel testified that Strobino' s selling in the illegal 
location between "B-39" and the crosswalk, in addition 
to violating the sales space regulation, was a violation 
of the regulation which prohibits street artists from 
selling within five feet of a crosswalk. 

The Commissioners asked Lottery Member Virginia Burris 
to testify. Ms. Burris refused. 

Commissioner Simon moved that Dickran Knoble be found in 
violation of the street artist ordinance by selling in 
a location not designated by the Board of Supervisors, 
and that Mr. Knoble 's certificate be suspended for a period 
of three weeks; the motion was seconded by Commissioner 
Flynn and unanimously approved. 

Commissioner Flynn stated that in the absence of another 
witness who could testify that Strobino did not move back 



STREET ARTISTS PROGRAM COMMITTEE - May 11, 1994 Page 3 



to his legal space, Strobino should be given a warning. 

Commissioner Flynn moved that Charles Strobino be found 
in violation of the street artist ordinance by selling 
in a location not designated by the Board of Supervisors, 
and that Mr. Strobino be warned that any future such vio- 
lation committed by Mr. Strobino shall result in a hearing 
to suspend his certificate; the motion was seconded by 
Commissioner Simon and unanimously approved. 

II REQUEST FOR WAIVER OF 10-DAY GRACE PERIOD IN OBTAINING 
CERTIFICATE 

Frank Berumen (former certificate-holder) was approved 
by the Art Commission on March 7, 1994 for priority is- 
suance of a street artist certificate. Mr. Berumen ex- 
plained that at the time of approval he did not have the 
funds to pay for his certificate and exceeded the 10-day 
policy for obtaining it. Commissioner Simon moved that 
Frank Berumen ' s request for waiver of the 10-day grace 
period in obtaining a certificate be approved; the motion 
was seconded by Commissioner Flynn and unanimously approved. 

III REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE 

A. Deborha Richardson - Certificate #4258 expired January 
16, 1993; Mrs. Richardson's request was received April 
1, 1994. Mrs. Richardson presented medical documents 
regarding her husband's condition which, she said, had 
caused her to leave the Street Artists Program. Commis- 
sioner Simon moved that Deborha Richardson's request 
for priority issuance of certificate be approved with 
waiver of a re-screening; the motion was seconded by 
Commissioner Flynn and unanimously approved. 

B. Dennis Klein - Certificate #2690 expired January 13, 
1994; Mr. Klein's request was received April 11, 1994. 
Commissioner Simon moved that Dennis Klein's request 
for priority issuance of certificate be approved; the 
motion was seconded by Commissioner Flynn and unanimously 
approved. 

C. Penelope Valle - Certificate 4371 expired January 25, 
1994; Ms. Valle ' s request was received April 21, 1994. 
Commissioner Simon moved that Penelope Valle 's request 
for priority issuance of certificate be approved; the 
motion was seconded by Commissioner Flynn and unanimously 



STREET ARTISTS PROGRAM COMMITTEE - May 11, 1994 Page 4 



approved. 

D. Xian Juan Ji - Certificate #4238 expired September 25, 
1993; Ms. Ji ' s request was received April 18 f 1994. 

The Committee noted that Ms. Ji ' s file contained reports 
and photographs of Ms. Ji allegedly having sold in il- 
legal locations on August 28 and November 30, 1992 and 
that she had been given warnings at that time. Commis- 
sioner Flynn moved that Ms. Xian Juan Ji ' s request for 
priority issuance of certificate be approved with waiver 
of re-screening and with the stipulation that the Program 
Committee duly warns her that, once she is certified, 
any further incident of her alleged selling in an illegal 
location shall result in a hearing to suspend her 
certificate; the motion was seconded by Commissioner 
Simon and unanimously approved. (Ms. Ji examined the 
reports and photographs and received the Committee's 
recommendation with warning as translated to her by 
Street Artist Ching Sun who told the Commissioners that 
Ms. Ji understood the warning.) 

E. Joseph Williams - Certificate #4141 expired February 
5, 1994; Mr. Williams' request was received April 28, 
1994. Commissioner Flynn moved that Joseph Williams' 
request for priority issuance be approved; the motion 
was seconded by Commissioner Simon and unanimously ap- 
proved. 

IV HEARING AND POSSIBLE MOTION TO RESCIND 10 -DAY GRACE PERIOD 
(AFTER ADVISORY COMMITTEE EXAMINATION) IN OBTAINING CERTIF- 
ICATE 

Street Artist Robert Clark requested that the ten-day grace 
period for new artists to pay for their certificates be 
rescinded and replaced with a policy that would allow a 
grace period of thirty days to give artists, who lack 
funds, more time to raise the money for their certificates. 

Street Artist John Bass opposed the proposal. Street Artist 
Eunice Rodriguez testified that any artist on the waiting 
list for a certificate has plenty of time to raise the 
money; she favored a fifteen-day grace period rather 
than thirty days. 

Commissioner Flynn moved that the ten-day policy on issuance 
of certificate as provided by Art Commission Resolution 
1979-356 be rescinded and replaced with a policy allotting 
fifteen (15) office work days from an applicant's examina- 



STREET ARTISTS PROGRAM COMMITTEE - May 11, 1994 Page 5 



tion of wares for the applicant to obtain a certificate; 
the motion was seconded by Commissioner Simon and unan- 
imously approved. 

V HEARING AND POSSIBLE MOTION TO APPROVE PROCEDURE OF COMMENC- 
ING VALIDITY OF A RENEWED CERTIFICATE ON THE DAY OF ITS 
PAYMENT (WITHIN THE 10 -DAY GRACE PERIOD) 

Commissioner Flynn asked that this item be continued to 
the next month's meeting, as the Program had not yet 
received a response from the City Attorney's office. 
Commissioner Simon requested the Program Director to 
so calendar it. 

VI HEARING AND POSSIBLE MOTION TO APPROVE ANY OF THE FOLLOWING 
PROPOSALS TO AMEND LOTTERY RULES AND GUIDELINES 

A. LIMITING THE NUMBER OF COMPENSATED SPACES IN EXCHANGE 
FOR RUNNING THE LOTTERY : "In any given month, no 
individual artist or family unit may be compensated 
with more than four (4) days of free selling spaces 
in exchange for running the lottery" (amending Rule 
VIII, "LOTTERY PROCEDURE") 

Lottery Committee member Therese Koller presented the 
above proposal to correct, she said, alleged abuses 
by Lottery members of monopolizing free selling spaces. 
Street Artist Jose DaSilva endorsed the proposal. Street 
Artists Bill Clark, Barbara Zerbe, and John Bass and 
Lottery Committee member Virginia Burris opposed it. 

Commissioner Flynn moved that the item and the additional 
three items amending lottery rules on the agenda be 
continued to the following month's meeting; the motion 
was seconded by Commissioner Simon and unanimously ap- 
proved. 

(The above Lottery proposal and the following three 
proposals will be calendared for the June meeting: 
(B) PROHIBITNG LOTTERY COMMITTEE MEMBER FROM BEING 
COMPENSATED WITH FREE SPACE FOR BEING HELPER ; (C) 
ABOLISHING UNOFFICIAL MINI-MINI LOTTERY ON SECOND 
DAY OF LOTTERY PERIOD ; (D) PROVIDING FOR IMMEDIATE 
DISMISSAL OF LOTTERY MEMBER FOR FAILURE TO RUN 
LOTTERY . ) 



The meeting adjourned at 5:40 p.m. 



Respectfully submitted: 

Howard Lazar, Director 
Street Artists Program 



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STREET ARTISTS PROGRAM COMMITTEE 

June 8 £ _J>9^ 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 

MINUTES 

Commissioners present: Terri Simon, Tom Flynn 
street artists licenses Commissioner absent: Aristides Demetrios 

Suite 70 

Staff present: Director of Street Artists Program Howard Lazar 

Certification Clerk Antoinette Worthy 



^rt Commission Gallery 

155 Grove Street 

415.554.9682 




City and County of 
San Francisco 



Commissioner Simon, Chair, called the meeting to order at 4:10 
p.m. 

I HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL FOR NINE 
(9) STREET ARTIST SELLING SPACES AT FISHERMAN'S WHARF 

A. 1 space - Beach St., northeast corner, at Hyde St. (in 
front of SF Maritime warehouse). 

B. 4 spaces - Jefferson St., south side, at Hyde St. (in 
front of SF Maritime warehouse). 

C. 1 space - Jefferson St., south side, at Leavenworth 
St. (former space "j-9" in front of The Cannery). 

D. 3 spaces - Beach St., north side, at Columbus (adjacent 
to The Cannery courtyard). 

Program Director Howard Lazar reported that he had received 
the above proposal from Mr. Sherwin Stample and other street 
artists and had measured the locations, drawn maps, and sent 
copies of the maps and proposal to Mr. Ed Radford, Property 
Officer/Warehouse, San Francisco Maritime National 
Historical Park (National Park Service); Mr. Christopher 
Martin, General Manager, The Cannery; Mr. Alessandro 
Baccari, Executive Secretary, Fisherman's Wharf Merchants 
Association; and Mr. Elliott Riley, Commercial Property 
Manager, Port of San Francisco. He met with both Mr. 
Radford and Mr. Martin to review the sites. Mr. Radford 
had asked that the initial proposal for two spaces near 
his warehouse's door on Beach at Hyde be reduced to one 
space and that the other space be added to the three pro- 
posed around the corner on Jefferson Street, adjacent to 
his building. Mr. Martin had asked the Program Director 
to inform the Commissioners that The Cannery would go along 
with the request for the three spaces on Beach, adjacent 
to The Cannery's courtyard, and for old "J-9" on Jefferson 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - June 8, 1994 Page 2 



provided that the, artists refrain from using two current 
spaces, "J-7" and "J-8," now opposite a door which had 
recently been built in The Cannery. 

The Program Director described how five of the spaces, 
if approved, would require exemptions from either or both 
the distance-f rom-door regulation and the distance-f rom- 
selling space regulation; whereas four of the spaces would 
require no exemptions at all. 

Street Artists John Shaw and Therese Koller asked to 
consider relinquishing the proposal in order to save the 
two current spaces by asking for their exemption. Street 
Artist Larry Rosenbloom asked that the other three current 
spaces be "clustered" by exempting them from the distance- 
from-selling space regulation. Street Artist James Millard, 
however, endorsed the proposal and argued that on the past 
Saturday 180 artists participated in a lottery for only 
60 good spaces, that if the artists wanted more spaces, 
the cooperation of the store merchants was vital, and that 
the loss of two prime spaces was not as important as the 
gain of nine others. 

Commissioner Flynn moved that the Board of Supervisors be 
requested to designate the nine proposed selling spaces 
for street artists as an addition to all current legal 
spaces; the motion was seconded by Commissioner Simon and 
unanimously approved. 

At the request of some of the artists present, the Commis- 
sioners directed Mr. Lazar to ask the City Attorney's office 
for clarification as to the terms under which artist spaces 
may be rendered invalid - for example, does the appearance 
of a new doorway opposite an existing space automatically 
render the space invalid? Would the Board of Supervisors 
have to take action to invalidate or de-designate the space? 
If so, could the space remain valid until it is formally 
de-designated? 

II HEARING AND POSSIBLE MOTION TO APPROVE PROCEDURE OF COM- 
MENCING VALIDITY OF A RENEWED CERTIFICATE ON THE DAY OF 
ITS PAYMENT (WITHIN THE 10-DAY GRACE PERIOD) (continued 
from 5/11/94 meeting) 

As the City Attorney had not yet furnished a response to 
the Program Director's questions on the matter, Commissioner 
Simon continued the item to the next month's agenda. 






STREET ARTISTS PROGRAM -COMMITTEE - June 8, 1994 Page 3 



III REQUEST BY APPLICANT FOR WAIVER OF 10-DAY GRACE PERIOD 
IN OBTAINING CERTIFICATE 

A. Constance Cleghorn - recommended by Advisory Committee 
of Street Artists and Craftsmen Examiners on April 28, 
1994 for issuance of certificate; Ms. Cleghorn ' s written 
request was to pay for her certificate on June 28, 1994. 
Commissioner Flynn moved that Ms. Cleghorn ' s request 
for waiver of the ten-day grace period in obtaining 
a certificate be approved; the motion was seconded by 
Commissioner Simon and unanimously approved. 

IV HEARING AND POSSIBLE MOTION TO APPROVE ANY OF THE FOLLOWING 
PROPOSALS TO AMEND LOTTERY RULES AND GUIDELINES 

A. Limiting the number of compensated spaces in exchange 
for running the lottery. 

B. Prohibiting Lottery Committee member from being compen- 
sated with free space for being helper. 

C. Abolishing unofficial mini-mini lottery on second day 
of lottery period. 

D. Providing for immediate dismissal of lottery member 
for failure to run lottery. 

E. Filling vacancy on Lottery Committee. 

F. Abolishing unofficial mini-mini lottery for every day 
and establishing an official mini-lottery. 

G. Rescinding provision for election of Lottery Committee 
members and providing for selection of members by candi- 
dates drawing lots. 

While Street Artist Therese Roller endorsed the first 
proposal, Street Artists Larry Rosenbloom and Ray Jones 
asked that, before any of the proposals be voted on, 
the artists vote at a Saturday lottery on the proposals 
in order to express treir views to the Commissioners. 

Commissioner Flynn moved that the above proposals be 
sent to the Street Artists Liaison Committee for refine- 
ment of wording and placement with other lottery measures 
on a ballot to be mailed to all street artists, and 
that the results of the vote be given to the Street 
Artists Program Committee for consideration of the 



STREET ARTISTS PROGRAM COMMITTEE - June 8, 1994 Page 4 



proposals; the motion was seconded by Commissioner Simon 
and unanimously approved. 

Commissioner Flynn asked that all street artists be 
notified of the meeting of the Liaison Committee to 
draft the ballot, and that when all artists are finally 
sent a ballot, a letter be enclosed from the Program 
Director informing the artists that their opinions, 
as expressed on the ballot, would be advisory to the 
Commissioners, and that the artists could express on 
the ballot their views on other lottery matters. 

The Commissioners further asked Mr. Lazar to convey 
their request to the Lottery Committee to submit the 
daily space-assignment sheets to the Program office. 

There being no further business, the meeting adjourned 
at 5:20 p.m. 

Respectfully submitted: 

Howard Lazar 

Director 

Street Artists Program 



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JUL 1 s 1994 

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PUBLIC LIBRARY 



St i ' i Artists Licenses 

Suite 70 

415.252.2581 



Commission Gallery 

155 Grove Street 

415. 554. 9o82 



NOTICE 



The regular meeting of the Art Commission's Street Artists 
Progxarji^Committee scheduled for Wednesday, July" 13, T9~9-4 , was 
r ancellecP due to lack of qourum. v ^~ — 



The next regular meeting of the Street Artists Program 
Committee is scheduled for Wednesday, August 10, 1994 - 4:00 



p.m. 



Art Commission Conference Room, Suite 70, 25 Van Ness 



Avenue, San Francisco 




City and County of 
San Francisco 



25 Van Ness Ave. Suite 240, San Francisco. CA. 94102 



tel. 415.252.2590 fax 415.252.2595 



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SAN FRANCISCO ART COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 



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PROGRAMS 



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Civic Design Review 

Community Arts 

& Education 

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Public Art Program 



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5 1994 

25 Van Ness Avenue, Suite 70 (basement area) 
San Francisco, California 



Wednesday, August 10, 1994 - 4:00 p.m. 

Art Commission Conference Room 



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Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 

street artists licenses shall cross-examine another member of the public or witness 

unless approved by the Program Committee. 



Suite 70 
415.252.2581 



Art Commission Gallery 

155 Grove Street 

415.554.9682 




City and County of 
San Francisco 



MOTION TO SELECT AND APPROVE WINNER OF $250 CASH PRIZE 
FOR DESIGN PROPOSAL OF DISPLAY SIGNAGE 

The Committee will select and approve a winner from all 
proposals submitted by Street Artists to the Program office 
as of the deadline, May 31, 1994. The purposes of the 
awarded display signage are to increase the artists' public 
visibility, identify the artists as licensed participants 
of a City-run art program, distinguish the artists from 
street vendors, and assist in the enforcement of the street 
artist and peddler ordinances. 

II HEARING AND POSSIBLE MOTION TO APPROVE CERTIFICATION PRO- 
CEDURE OF COMMENCING VALIDITY OF A RENEWED CERTIFICATE 

ON THE DAY OF ITS PAYMENT (WITHIN THE 10-DAY GRACE PERIOD) 

III HEARING AND POSSIBLE MOTION TO APPROVE RECOMMENDATION FROM 
ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS 
FOR AMENDMENT TO ART COMMISSION'S HEARING PROCEDURE ON 
STREET ARTIST VIOLATIONS 

The Advisory Committee's recommendation: "Any observation 
of a street artist's alleged first time non-compliance 
to the Art Commission's arts and crafts criteria, as 
reported by two or more members of the Advisory Committee 
of Street Artists and Craftsmen Examiners, an Art Commis- 
sioner, or staff of the Street Artists Program, may be 
brought to the attention of the Director of the Street 
Artists Program who shall notify the artist to appear before 
the Advisory Committee of Street Artists and Craftsmen 
Examiners for a re-examination of the item(s) in question 
and to cease and desist selling or offering for sale the 
item(s). The Director shall warn the artist that failure 
to appear before the Advisory Committee may result, and 
failure to cease and desist selling the item(s) shall 
result, in a charge of violation of the Street Artist Ord- 
inance for selling an item not in accord with Art Commission 
criteria." (language amended by Program Director, 7/25/94) 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - August 10, 1994 Agenda 
Page 2 



IV REPORT BY PROGRAM DIRECTOR ON RECOMMENDATION BY ADVISORY 
COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS TO 
ART COMMISSION EXECUTIVE COMMITTEE FOR ORDINANCE INCREAS- 
ING COMPENSATION OF ADVISORY COMMITTEE MEMBERS FROM $50 
PER MEETING/ STUDIO VISIT/STREET MONITORING DUTY TO $80 
PER MEETING/ STUDIO VISIT/STREET MONITORING DUTY X 25 MEET- 
INGS/STUDIO VISITS/STREET MONITORING DUTIES PER YEAR 
(an increase of $750 per member per year or $3,750 per 
five members per year) 

V HEARING AND POSSIBLE MOTION TO APPROVE REQUEST BY FORMER 
CERTIFICATE-HOLDER FOR PRIORITY CERTIFICATION 

Margaret Cotts - Certificate #4259 expired January 12, 
1993; Ms. Cotts 's request was received June 23, 1994. 

VI HEARING AND POSSIBLE MOTION TO APPROVE REQUEST 
BY APPLICANTS FOR . WAIVER OF POLICY IN CERTIFICATION 

Nancy Morris and Kathleen Peabody - approved by Advisory 
Committee on May 26, 1994; their request for wiaver of 
policy until October, 1994 was received June 7, 1994. 

VII HEARING AND POSSIBLE MOTION TO APPROVE REQUEST BY REVOKEE 
FOR CERTIFICATE 

Fernando Hechavarria - Certificate # 30 45 was revoked by 
Art Commission on February 3, 1992. On June 7, 1993, the 
full Art Commission approved the Program Committee's rec- 
ommendation (from May 12, 1993 hearing) that Mr. Hecha- 
varria 's current application for certificate be disapproved 
and that any application for certificate submitted by Mr. 
Hechavarria be not accepted by the Program prior to six 
months from the date of the Commission's resolution, and 
that when such application is reached on the waiting list, 
such application will be considered by the Program Commit- 
tee. Mr. Hechavarria ' s subsequent January 12, 1994 applic- 
ation was reached and his wares were examined by the 
Advisory Committee of Street Artists and Craftsmen Examiner: 
who recommend certification of his beadcraft items. The 
question on whether Mr. Hechavarria should be certified 
shall be heard for consideration and action by the Program 
Committee on this agenda. 

VIII ADJOURNMENT 






ACCESSIBILITY INFORMATION 

*Pnrsnant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will be held at 
25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. All meetings are 
held in Suite 70, basement level, and can be accessed by the two main elevators in the lobby of the 
building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to 
assist the city's efforts to accommodate such people, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accomodate these 
individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Sonia Gray in the Community Arts and Education Program at (415)554-9671 at 
least 72 hours prior to meeting. Late requests will be honored if possible. 



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SAN FRANCISCO 
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Wednesday, September 28, 1994 - 4:00 

Art Commission Conference Room 
25 Van Ness Avenue, Suite 70 (basement area) 



NOTE: Change 
of meeting 
date 









N 



Street Artists Licenses 

Suite 70 

415.252.2581 



Art Commission Gallery 

155 Grove Street 

415.554.9682 



Note: Public testimony is invited and shall be limited to three (3) 
minutes per person. No member of the public or witness shall 
cross-examine another member of the public or witness unless 
approved by the Program Committee. 

HEARING ON PROPOSAL BY PROGRAM DIRECTOR FOR BOARD OF SUPERVISORS 
DESIGNATION OF TEMPORARY SELLING SPACES FOR STREET ARTISTS IN 
DOWNTOWN AREA FOR CHRISTMAS SEASON, 1994-95; motion to approve 
proposal 

Program Director's Proposal: The same spaces approved by the 
Board of Supervisors the previous year (Res. No. 875-93); total 
number requested: 59; duration of temporary usage: November 
15, 1994 - January 15, 1995 (the same period designated for 
the previous four years); in addition, for the third consecutive 
year, the Street Artists Program to pay for Police officers 
and van (Special Law Enforcement Services) out of its license 
fees for the two-week period prior to Christmas to confiscate 
the merchandise of unlicensed vendors and to verify that license 
street artists are selling in legal spaces. 



II 




City and County of 
San Francisco 



HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE; 
motion to approve suspensions of certificates 

The following artists were observed on the following dates of 
summer, 1994, to have allegedly sold their wares in locations 
not designated by the Board of Supervisors. (The Art Com- 
mission's standard penalties for first and second offenses 
of such violation are three-week and six-week suspensions, 
respectively, of certificate.) 

A. Ed Brandstetter (Certif. #2487); 8/4/94; first offense. 

B. Bruce Epstein (Certif. #3970); 8/4/94; first offense. 

C. Gabriela Galvan (Certif. #4324); 8/4/94; first offense. 

D. Keith Hillius (Certif. #3055); 8/4/94; first offense. 

E. Doo Shin (Certif. #3248); 8/4/94; first offense. 

F. Robert Siu (Certif. #4361); 8/4/94; first offense. 

F(l). Hearing and possible motion to dismiss Robert Siu 
as alternate member of Lottery Committee. 



Continued 



STREET ARTISTS PROGRAM COMMITTEE - 9/28/94 Agenda Page 2 

HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE (continued 

G. Mario Hernandez (Certif. #4412); 8/8/94; first offense. 

H. Sergio Pezzutti (certif. #4211); 8/8/94; first offense. 

I. Kris Pokorny (Certif. #3569); 8/8/94; first offense. 

J. Werner Jurgens (certif. #4433); 8/22/94; first offense. 

K. Jose Da Silva (Certif. #4450); 8/24/94; first offense. 

L. Sandra Blenio (Certif. #4294); 8/4/94; 8/8/94; first offer 

M. Phillip Schaffer (Certif. #4632); 8/4/94; 8/8/94; first 
offense. 

N. Xiu Juan Ji (Certif. #4605); 6/26/94; 7/15/94; first offens< 

O. Daniel De Guevara (Certif. #3870); 8/8/94; second offense. 

P. Martin Butschek (Certif. #3300); 7/1/94; additional charge: 
conducting business in a hazardous manner; 

hearing to consider suspension or revocation of certificate 
In its hearings on Martin Butschek' s and Gerard Cracas's 
8/8/93 Police citation and 8/20/93 Program staff observatio 
of their selling in non-designated locations, the Art Commi 
sion considered the two artists' preceding four-year histor 
of being observed in illegal locations, voted to suspend 
them for three weeks for the 8/8/93 incident and, in lieu 
of a further suspension for the 8/20/93 incident, voted to 
issue them a warning that any future incident of their sell 
in a non-designated location shall result in suspension or 
revocation of certificate. 

Q. Gerard Cracas (Certif. # 1908); 7/1/94; additional charge: 
conducting business in a hazardous manner; hearing to consi 
suspension or revocation of certificate (see above explanat 
under Item P., Martin Butschek). 



Ill REQUEST BY FORMER CERTIFICATE -HOLDER FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 



A. Patsy Leal-Snell - Certif. #4367 expired April 6, 1994; 
Ms. Leal-Snell 's request by telephone was received July 
19, 1994; request by letter received September 1, 1994. 

IV ADJOURNMENT 



A CCESSIBILITY INFORM A TION 

*Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will be held at 
25 Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. All meetings are 
held in Suite 70, basement level, and can be accessed by the two main elevators in the lobby of the 
building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible cuibside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to 
assist the city's efforts to accommodate such people, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accomodate these 
individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Sonia Gray in the Community Arts and Education Program at (415)554-9671 at 
least 72 hours prior to meeting. Late requests will be honored if possible. 






S F 



A C 



'AN FRAN 



CISCO^ 



ART COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 



Cn ic A 



TROGRAMS 



Art Collection 

Civic Design Review 

Community Arts 

& Education 

'OPS Symphony Concerts 

Public Art Program 



September 28, 1<F! 

Art r'nrftrrri nni on Cnnf rr^nrr Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



DOO'/m 



p,v Ts 



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Commissioners present: Terri 
Commissioner absent: Emily 



NUT 

Simon, 
Keeler 



Tom Flynn 



° CT 24 1994 

'ANc, SCo 
LlB RAHY 



ngpj. 



"u^S'sco 



Street Artists Licenses 

Suite 70 

415.252.2581 



Staff present: 



Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 



art commission gallery Commissioner Simon, Chair, called the meeting to order at 4:00 
15 4?5 R 554 S 9682 P" m * an< ^ announce ^ that she was removing Item F(l), "Hearing 
and possible motion to dismiss Robert Siu as alternate member 
of Lottery Committee" from the agenda; it would be rescheduled 
in the future if Mr. Siu were found in violation as per the 
charge on the current agenda. 

I REQUEST BY FORMER CERTIFICATE- HOLDER FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE 

A. Patsy Leal-Snell - Certificate #4367 expired April 6, 
1994; Ms. Leal-Snell ' s request by telephone was 
received by the Program on July 19, 1994, and her let- 
ter-request was received on September 1, 1994. 
Commissioner Flynn moved that Ms. Leal-Snell ' s request 
for priority be approved; the motion was seconded by 
Commissioner Simon and unanimously approved. 

II HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL BY PROGRAM 
DIRECTOR FOR BOARD OF SUPERVISORS DESIGNATION OF TEMPORARY 
SELLING SPACES FOR STREET ARTISTS IN THE DOWNTOWN AREA 
FOR CHRISTMAS SEASON, 1994-95 

Program Director Lazar proposed the same 59 spaces that 
had been approved by the Board of Supervisors for the 
previous two years and the same duration of temporary usage 
which had been approved for the previous four years: 
November 15, 1994 to January 15, 1995. In addition, for 
the third consecutive year, the Street Artists Program 
would pay (approximately $4,200) out of its license fees 
for off-duty Police officers and a van during the two-week 
period prior to Christmas to enforce the street artist 
ordinance by confiscating the merchandise of unlicensed 
vendors and by verifying that licensed street artists would 
be selling in legal spaces. 

city and county of Mr . Lazar reported on the success of the previous Christmas 

San Francisco 




STREET ARTISTS PROGRAM COMMITTEE - September 28, 1994 
Page 2 



enforcement paid for by the Program: the confiscation of 
over 1,400 illegal items (sweaters, neckties, CDs and tapes, 
jewelry, perfume, etc.) from the Union Square area - an 
estimated equivalent of five Police vans each loaded to 
the ceiling. 

This would be the thirteenth consecutive year that the 
Commission would be proposing Christmas spaces and 
negotiating with the store merchant groups on behalf of 
the street artists. Mr. Lazar had notified 21 merchants 
and building owners in the Downtown-Union Square area of 
the Program Committee meeting hearing on this year's pro- 
posal. Of these, Executive Directors Carolyn Diamond and 
Edward Lawson of The Market Street Association and Union 
Square Association, respectively, had given their verbal 
consent to Mr. Lazar based on the reasons that no new 
spaces were being proposed and the Art Commission was once 
again providing for Police enforcement of the ordinance. 

Street Artists Nancy Pearlman and Keith Hillius urged that 
the Street Artists Program not pay for any Police 
enforcement at any time of the year. Street Artist Larry 
Rosenbloom expressed the view that Police enforcement was 
necessary Downtown but not at the Wharf. Street Artist 
James Millard submitted and read a petition signed by over 
100 street artists urging the discontinuation of Christmas 
Police enforcement because of its "EXTRAVAGANT drain on 
the already INFLATED Street Artists Program budget of 
$132,000." 

Street Artist Eunice Rodriguez testified that, after 19 
years in the Program, she concludes that year-round Police 
enforcement is necessary not just to curtail the illegal 
vendors but also because many of the street artists them- 
selves sell in illegal locations, and that she wouldn't 
mind paying for an increase of $50 a year in her fees if 
necessary to continue the Police enforcement. 

Commissioner Flynn moved that the Program Director's 
proposal for Board of Supervisors designation of temporary 
selling spaces for street artists in the Downtown area 
for Christmas season, 1994-95, be approved; the motion 
was seconded by Commissioner Simon and unanimously approved. 

Ill HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE; 
MOTIONS TO APPROVE SUSPENSIONS OF CERTIFICATE 

The following artists were observed by the Program Director 



STREET ARTISTS PROGRAM COMMITTEE - September 28, 1994 
Page 3 



on the listed dates during summer, 1994, to have allegedly 
sold their wares in locations not designated by the Board 
of Supervisors: 

A. Ed Brandstetter (Certificate #2487); August 4, 1994; 
first offense. The Program Director submitted a photo 
he had taken of Mr. Brandstetter and his display of 
merchandise on Jefferson Street, south side, Hyde to 
Leavenworth Streets, on August 4th and submitted a 
copy of the lottery sign-up sheet bearing the names 

of those artists occupying the legal spaces. Mr. Brand- 
stetter 's was not one of the names. 

Mr. Brandstetter stated that he would not contest the 
charge. 

Street Artist Kathy Hallinan asked the Commissioners 
to not "punish" the artists for "trying to survive" 
since their income was "down 20%" while their attendance 
at the lotteries for spaces was "up 50%." 

Commissioner Simon moved that Ed Brandstetter be found 
in violation of the street artist ordinance by selling 
in a location not designated by the Board of Supervisors 
and that his certificate be suspended for a period of 
three weeks as per the Commission's standard penalty 
for first offense of such violation; the motion was 
seconded by Commissioner Flynn and unanimously approved. 

B. Bruce Epstein (Certificate #3970); August 4, 1994; first 
offense. The Program Director submitted a photo he 

had taken of Mr. Epstein and his display of merchandise 
on Jefferson Street, south side, Hyde to Leavenworth 
Streets, on August 4th and submitted a copy of the lot- 
tery sign-up sheet bearing the names of those artists 
occupying the legal spaces on Jefferson Street. Mr. 
Epstein's was not one of the names. 

Mr. Epstein stated that he was signed into space #2 
on Hyde Street and showed the Commissioners his name 
on the sign-up sheet. He said he had been selling 
in space #2 all day, it had been windy, and he had 
decided to "take a break" by wheeling his display 
around the corner to Jefferson Street to talk with 
artist Richard Blue. He was there for only "five 
minutes" and talking to Mr. Blue, he said, when the 
Program Director photographed him. 



, 



STREET ARTISTS PROGRAM COMMITTEE - September 28, 1994 
Page 4 



Commissioner Flynn moved that Mr. Epstein's hearing 
be continued to another meeting in order to give 
Mr. Epstein an opportunity to request Richard Blue 
to appear and testify on his behalf; the motion was 
seconded by Commissioner Simon and unanimously ap- 
proved. 

C. Gabriela Galvan (Certificate #4324); August 4, 1994; 
first offense. The Program Director submitted a photo 
he had taken of Ms. Galvan and her display of merchandise 
on Jefferson Street, south side, Hyde to Leavenworth 
Streets, on August 4th and submitted a copy of the 
lottery sign-up sheet bearing the names of those artists 
occupying the legal spaces. Ms. Galvan ' s was not one 

of the names. 

Ms. Camille Cook, attorney and interpreter for Ms. 
Galvan, stated that her client's booth had been covered, 
there had been no indication that she had been offering 
to sell, and that, at the time, she was four months 
pregnant and had been waiting for ten minutes for someone 
to help her move her display to a Hyde Street space. 

Street Artist Robert Siu testified that he was the person 
who helped Ms. Galvan move her display to Hyde Street. 
He said that the photo taken by the Program Director 
shows his truck parked behind Ms. Galvan. He had been 
unloading his own display, also. 

Commissioner Simon noted that the appearance of a witness 
on Ms. Galvan 's behalf counteracted the Program's 
evidence. Commissioner Simon moved that the charge 
against Gabriela Galvan of allegedly selling in a 
location not designated by the Board of Supervisors 
be dismissed due to a lack of preponderance of evidence; 
the motion was seconded by Commissioner Flynn and unan- 
mously approved. 

D. Keith Hillius (Certificate #3055); August 4, 1994; first 
offense. The Program Director submitted a photo he 

had taken of Mr. Hillius and his display of merchandise 
on Jefferson Street, south side, Hyde to Leavenworth 
Streets, on August 4th and submitted a copy of the 
lottery sign-up sheet bearing the names of those artists 
occupying the legal spaces. Mr. Hillius 's was not one 
of the names. 






STREET ARTISTS PROGRAM COMMITTEE - September 28, 1994 
Page 5 



Mr. Hillius stated that the photograph showed he had 
only a partial amount of his merchandise on the table 
as he had been in the process of setting up his display 
to move it to a legal space. He submitted photos of 
what he said was his display fully set up and presented 
a map of the direction he took in moving his display. 

Commissioner Flynn acknowledged that in the Program 
Director's photo Mr. Hillius 's display appeared to be 
in the process of being set up. Commissioner Flynn 
moved that the charge against Keith Hillius of alleg- 
edly selling in a location not designated by the Board 
of Supervisors be dismissed due to a lack of pre- 
ponderance of evidence; the motion was seconded by Com- 
missioner Simon and unanimously approved. 

E. Doo Shin (Certificate #3248); August 4, 1994; first 
offense. The Program Director submitted a photograph 
he had taken of Mr. Shin and his display of merchandise 
on Jefferson Street, south side, Hyde to Leavenworth 
Streets, on August 4th and submitted a copy of the lot- 
tery sign-up sheet bearing the names of those artists 
occupying the legal spaces. Mr. Shin's was not one 

of the names. 

Mr. Shin admitted that he sold that day on Jefferson 
Street because it was too windy on Hyde Street. 

Commissioner Simon moved that Doo Shin be found in vio- 
lation of the street artist ordinance by selling in 
a location not designated by the Board of Supervisors, 
and that his certificate be suspended for a period of 
three weeks as per the Commission's standard penalty 
for first offense of such violation. 

F. Robert Siu (Certificate #4361); August 4, 1994; first 
offense. The Program Director submitted a photograph 
he had taken of Mr. Siu and his display of merchandise 
which he had quickly covered, on Jefferson Street, south 
side, Hyde to Leavenworth Streets, on August 4th and 
submitted a copy of the lottery sign-up sheet bearing 
the names of those artists occupying the legal spaces. 
Mr. Siu's was not one of the names. The Program Director 
further stated that Mr. Siu had received a warning from 
the Program Director on October 21, 1993, when he was 
observed selling allegedly in a non-designated space 

on Jefferson Street (former space "J-9"), and this 
warning had been stated at his hearings with the Art 



STREET ARTISTS PROGRAM COMMITTEE - September 28, 1994 
Page 6 



Commission and the Board of Permit Appeals. 

Ms. Camille Cook, attorney for Mr. Siu, stated that 
her client was not selling that day on Jefferson Street, 
that he was about to push his display and the display 
of Gabriela Galvan around the corner to Hyde Street. 

Street Artist Gabriela Galvan testified that she had 
arrived with her display on Jefferson Street three 
minutes before Mr. Siu arrived; he was, therefore, not 
selling. 

Commissioner Flynn noted that the testimony of a witness 
counterbalanced the evidence of the Program. Commis- 
sioner Flynn moved that the charge against Robert Siu 
of allegedly selling in a location not designated by 
the Board of Supervisors be dismissed due to a lack 
of preponderance of evidence; the motion was seconded 
by Commissioner Simon and unanimously approved. 

G. Mario Hernandez (Certificate #4412); August 8, 19 94; 
first offense. The Program Director submitted a photo 
he had taken of Mr. Hernandez and his display of mer- 
chandise on Jefferson Street, south side, Hyde to 
Leavenworth Streets, on August 8th and stated that he 
verified the lottery slips of those artists occupying 
legal spaces (Mr. Hernandez was not one of these people) 
but was unable to obtain the lottery sign-up sheet itself 
because it had been taken by lottery worker Michael 
MacDonald and neither he nor his display could be found. 
The Program Director also submitted a copy of a Police 
citation which had been issued to Mr. Hernandez on Augusl 
4th for selling in a non-designated location, just four 
days prior to being photographed by the Program Director 
in an alleged non-designated location. 

Camille Cook, attorney and interpreter for Mr. Hernandez 
submitted a letter from a medical doctor on behalf of 
her client's condition, stated that he had been unable 
to bear the wind on Hyde Street, where he had been set 
up in a legal space, and had moved to Jefferson Street; 
however, she said, he did not offer anything to sell 
on Jefferson Street. Ms. Cook also stated that her 
client had a court hearing on October 1st and, for this 
reason, requested that his Commission hearing be contin- 
ued. 



STREET ARTISTS PROGRAM COMMITTEE - September 28, 1994 
Page 7 



At this point, Commissioner Simon adjourned the meeting, 
for an executive session. Afterwards, Commissioner 
Simon re-convened the meeting. 

Commissioner Flynn announced that his Committee wished 
to undertake a review of the procedure of issuing sus- 
pensions for first-time offenses that had not been given 
warning. The Commissioners asked the Program Director 
to list as the major item for the next regular meeting 
scheduled for October 12th a hearing and possible motion 
to amend the Commission's Hearing Procedure by possible 
amendment of standard penalties for first-time offenses, 
and a hearing on developing guidelines for providing 
warnings and exemptions. 

Commissioner Flynn stated that his Committee decided 
to continue the hearings of those artists who were 
charged with a first offense and received no warning 

- Mario Hernandez, Sergio Pezzutti, Kris Pokorny, Wer- 
ner Jurgens , Jose Da Silva, Sandra Blenio, and 
Phillip Schaffer - as well as the cases 
recently submitted by the Police - Paul Mallette, Mar- 
shal Brewster, Riccardo Amodei - and that the hearings 
of Ed Brandstetter, Bruce Epstein, and Doo Shin would 
also be continued. All of these cases would be sched- 
duled for the regular Committee meeting of November 
9th. 

In the meantime, the Committee would proceed with the 
hearings on those artists who had received warnings: 
Xiu Juan Ji, Daniel De Guevara, Martin Butschek and 
Gerard Cracas. 

H. Xiu Juan Ji ( Certificate #4605); June 26, 1994; July 

15, 1994; first offense. The Program Director submitted 
as evidence (a) a June 26, 1994 Police report describing 
Ms. Ji ' s alleged selling adjacent to 19 Jefferson Street, 
a non-designated location, and (b) a July 15, 1994 report 
of alleged violation observed by the Program Director 
and photographs regarding Ms. Ji ' s alleged selling 
adjacent to the white zone, a non-designated location, 
on Jefferson Street, south side, Hyde to Leavenworth 
Streets . 

It was noted that in Ms. Ji ' s May 11, 1994 hearing before 
the Program Committe to request priority above the 
waiting list in the issuance of a certificate, the 



STREET ARTISTS PROGRAM COMMITTEE - September 28, 1994 
Page 8 



Committee had observed that Ms. Ji ' s file contained 
reports and photos of Ms. Ji ' s alleged selling in 
illegal locations on August 28 and November 30, 1992 
and that she had been given warnings on those occasions. 
The Committee had recommended that she be given priority 
issuance of certificate with a warning that any further 
incident of her alleged selling in an illegal location 
would result in a hearing to suspend her certificate. 
Ms. Ji had received this warning, after examining the 
reports and photos, as translated to her by Street Artist 
Ching Sun who had told the Commissioners that Ms. Ji 
understood the warning. The alleged incident now 
reported by the Police on June 26, 1994, occurred just 
twenty days after the full Art Commission had voted 
to grant Ms. Ji a priority certificate. 

Officer Adene Baca testified to having issued the June 
26th citation and report after having witnessed a 
customer purchasing pictures from Ms. Ji in the non- 
designated location. After citing her, the officer 
said she observed her selling again in the same area. 

Ms. Ji stated (as translated by the Chinese Culture 
Center's Julie Cheung) that she admitted to the June 
26th report but that she sold in the location described 
in the July 15th report because it was 6:00 p.m. and 
there were not any people around. 

The Committee noted that the Program Director's report 
said that the time was 4:15 p.m., and that the photos 
showed a significant group of people watching Ms. Ji 
draw the portrait of her customer adjacent to the white 
zone. 

Commissioner Simon moved that Xiu Juan Ji be found in 
violation of the street artist ordinance for selling 
in locations not designated by the Board of Supervisors, 
and that her certificate be suspended for a period of 
three weeks; the motion was seconded by Commissioner 
Flynn and unanimously approved. 



I. Daniel De Guevara (Certificate #3870); August 8, 1994; 
second offense. The Program Director submitted a photo 
he had taken of Mr. De Guevara and his display of mer- 
chandise on Jefferson Street, south side, Hyde to Leaven- 
worth Streets, on August 8th and testified to having 
seen the lottery slips of the artists occupying the 






STREET ARTISTS PROGRAM COMMITTEE - September 28, 1994 
Page 9 



legal spaces, and Mr. De Guevara was not one of these. 
Furthermore, the Program Director had photographed Mr. 
De Guevara in an illegal location on March 17, 1994, 
and had sent him a written warning reminding him that 
he had already served a three-week suspension for having 
sold illegally the previous year and that a further 
incident could warrant a six-week suspension for a second 
offense. 

Attorney Camille Cook stated that her client, Mr. De 
Guevara, admitted to having sold in a non-designated 
location on August 8th and requested that his six-week 
suspension be deffered until after the Christmas selling 
season. 

Commissioner Flynn moved that Daniel De Guevara be found 
in violation of the street artist ordinance, second 
offense, for selling in a location not designated by 
the Board of Supervisors, and that his certificate be 
suspended for a period of six (6) weeks commencing 
January 16, 1995; the motion was seconded by Commis- 
sioner Simon and unanimously approved. 

J. Martin Butschek (Certificate #3 300) and Gerard Cracas 

(Certificate #1908); July 1, 1994; additonal charge: 
conducting business in a hazardous manner. It was noted 
that in its previous hearings on Mr. Butschek 's and 
Mr. Cracas ' s August 8, 1993 Police citation and August 
20, 1993 Program staff observation of their selling 
in non-designated locations, the Art Commission had 
considered the two artists ' preceding four-year history 
of being in illegal locations, had voted to suspend 
their certificates for three weeks for the 8/8/93 in- 
cident, and, in lieu of an additional suspension for 
the 8/20/93 incident, had voted to issue them a warning 
that any future incident of their selling in a non-desig- 
nated location would result is suspension or revocation. 

The Program Director stated that on July 1, 1994 he 
and the Program's Certification Clerk, Antoinette 
Worthy, had observed Mr. Butschek and Mr. Cracas with 
their dsplay set up in the same non-designated area 
- the northeast corner of Jefferson Street, at Leaven- 
worth Street - for which the two artists had been 
cited by Police the year before on August 8, 1994. 

Program Certification Clerk Antoinette Worthy testified 
that On July 1st the Program Director and she had arrived 



STREET ARTISTS PROGRAM COMMITTEE - September 28, 1994 
Page 10 



at the Wharf after monitoring the artists Downtown, 
and that she took photos of the display of Messrs But- 
schek and Cracas enveloping the pole of a stop sign 
with the two artists beside it. She further stated 
that as soon as they saw her taking the photos, the 
two artists dismantled the display and moved to the 
adjacent legal spaces. Not only had their display 
been in an illegal location but it posed as a hazard 
next to a zone that was both a yellow (loading) zone 
and a bus stop as well as being adjacent to a cross- 
walk. 

Mr. Butschek stated presented photos which, he said, 
showed the sidewalk torn up for underground construction 
which had been three feet away from the two legal spaces 
which, he said, had been occupied by he and Mr. Cracas. 
Because this obstruction had restricted foot traffic, 
they had decided to move nearby. 

Program Director Lazar stated that, in their considera- 
tion of the pedestrians' welfare, the two artists had 
broken four public safety regulations when they moved 
and wrapped their display around the stop sign: the 
regulations that prohibit street artists from selling 
in a bus zone, selling in a yellow zone, selling within 
five feet of a crosswalk, and selling in a non-designated 
location. He presented a diagram of the corner. 

Mr. Cracas submitted his Own drawing on the corner and 
stated that their display was not a threat to safety 
because the buses never pull up to the curb but load 
passengers thirteen feet away. Furthermore, he and 
Mr. Butschek moved to the location to create "an open- 
ness" and not to add to the congestion created by the 
sidewalk obstruction 

Commissioner Flynn moved that Martin Butschek and Gerard 
Cracas be found to have occupied a selling location 
not designated by the Board of Supervisors and to have 
not displayed due diligence in informing the Street 
Artists Program office of their moving into a non-desig- 
nated location due to conditions beyond their control, 
and that they be warned against conducting business 
in a way that is potentially hazardous to pedestrians; 
the motion was seconded by Commissioner Simon and unan- 
mously approved. 



STREET ARTISTS PROGRAM COMMITTEE - September 28, 1994 
Page 11 



The Commissioners further clarified that while this 
incident would not be counted as a violation of the 
ordinance, if in the future either of the artists were 
found selling in a non-designated location, the new 
incident would be considered as a second offense. 

The Commissioners expressed their interest in seeing 
that the Street Artists Liaison Committee discuss and 
submit recommendations for guidelines on what would 
be considered "due diligence" in informing the Program 
office of obstructions adjacent to selling locations. 

The meeting adjourned at 6:50 p.m. 

Respectfully submitted: 

Howard Lazar 

Director 

Street Artists Program 



.1- 



S F 



A C 



y 

SAN 



FRANCISCO 



ART 



COMMISSION 



PROGRAMS 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

PS Symphony Concerts 

Public Art Program 



Street Artists Licenses 

Suite 70 

415.252.2581 



rt Commission Gallery 

155 Grove Street 

415.554.9682 



DOC 1MENTS DEPT. 

OCT 7 1994 

SAN FRANCISCO 
PUBLIC LIBRARY 






STREET ARTISTS PROGRAM COMMITTEE 



A 



Wednesday, Oct ober 12 , 1994 - 3:00 p.m 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 (basement area) 

San Francisco, California 



NOTE: Change of 
I Meeting Time 



A 



N 



Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 

shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

I HEARING AND POSSIBLE MOTION TO AMEND ART COMMISSION HEARING 
PROCEDURE OF STREET ARTIST VIOLATIONS BY POSSIBLE AMENDMENT 
OF STANDARD PENALTIES FOR FIRST-TIME OFFENSES; HEARING 

TO DEVELOP AND POSSIBLE MOTION TO APPROVE GUIDELINES FOR 
PROVIDING WARNINGS AND EXEMPTIONS 

II REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN 
ISSUANCE OF CERTIFICATE 

A. Anastacio Chico Chico - Certificate #4439 expired 
February 28, 1994; request for priority received by 
Program on September 30, 1994. 

B. Lucinda Page - Certificate #4498 expired March 21, 
1994; request for priority received by Program 

on October 3, 1994. 

III ADJOURNMENT 




City and County of 
San Francisco 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



A CCESSIBILITY IN FORMA TION 

TPiifsuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will be held at 
25 Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. All meetings are 
held in Suite 70, basement level, and can be accessed by the two main elevators in the lobby of the 
building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible curbs ide parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to 
assist the city's efforts to accommodate such people, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accomodate these 
individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Sonia Gray in the Community Arts and Education Program at (415)554-9671 at 
least 72 hours prior to meeting. Late requests will be honored if possible. 






S F 



A C 



N FRANCISCO 




T COMMISSION 



(X\^ 



PROGRAMS 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

rOTS Symphony Concerts 

Public Art Program 



STREET ARTISTS PROGRAM COMMITTEE 



October 12, 1994 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



NOV 7 



1994 



SAN FRANCISCO 
PUBLIC LIBRARY 



M 



N U 



Commissioners present: Terri Simon, Tom Flynn, Emily Keeler 



Street Artists Licenses Staff present: 
Suite 70 
415.252.2581 



Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 



Commissioner Simon, Chair, called the meeting to order at 3:00 
„ _ _ p.m. and introduced and welcomed Commissioner Keeler to the 

Art Commission Gallery c 

155 Grove Street Committee. 
415.554.9682 






I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN IS- 
SUANCE OF CERTIFICATE 

A. Anastacio Chico Chico - Certificate #4439 expired February 
28, 1994; his request for priority was received by the 
Program on September 30, 1994. Commissioner Flynn moved 
that Mr. Chico 's request for priority issuance be approved 
with waiver of re-screening of his wares; the motion 

was seconded by Commissioner Keeler and unanimously 
approved. 

B. Lucinda Page - Certificate #4498 expired March 21, 1994; 
her request for priority was received by the Program 

on October 3, 1994. Commissioner Flynn moved that Ms. 
Page's request for priority issuance be approved with 
waiver of re-screeening of her wares; the motion was 
seconded by Commissioner Simon and unanimously approved. 

II HEARING AND POSSIBLE MOTION TO AMEND ART COMMISSION HEARING 
PROCEDURE OF STREET ARTIST VIOLATIONS BY POSSIBLE AMENDMENT 
OF STANDARD PENALTIES FOR FIRST TIME OFFENSES; HEARING TO 
DEVELOP AND POSSIBLE MOTION TO APPROVE GUIDELINES FOR PRO- 
VIDING WARNINGS AND EXEMPTIONS 




City and County of 
San Francisco 



The Commissioners received testimony from the following 
street artists as to whether or not the Commission's standard 
penalties should be mitigated for, and whether or not 
warnings instead of penalties should be given to, street 
artists who commit first-offense violations of the street 
artist ordinance: Virginia Burris, Sandra Blenio, Robert 
Clark, Ray Jones, Eunice Rodriguez, Kathy Hallinan, Larry 
Rosenbloom, Bruce Epstein, Maria Hillius. 

The artists differed in expressing the following views: 



STREET ARTISTS PROGRAM COMMITTEE - October 12, 1994 Page 2 



Artists who make the effort to participate each morning 
in their lottery to obtain selling spaces must compete 
unfairly with other artists who do not participate and 
who sell their wares in illegal locations adjacent to 
the artists in the legal spaces. 

The artists who sell in illegal locations have to do so 
because they have children to support, and there are not 
enough prime legal spaces; therefore, the Art Commission 
should be lenient with these people. 

The Art Commission should maintain its present standard 
penalties which it adopted a decade ago because (a) under 
civil law, such penalties are not punishment but a means 
of keeping the street artist "profession" clean by protect- 
ing the integrity of the Program and the artists who do 
not break the rules; (b) many of the law-abiding artists 
also have children; and (c) the present penalties represent 
a reduction of previous penalties due to lengthy hearings 
between the Commissioners and the street artists ten years 
ago. 

All street artists know the rules about where they can 
sell and also know that the penalty for selling in an 
illegal location is a three-week suspension of certificate; 
since this knowledge has not deterred those who choose 
to violate, how would a lesser penalty or a warning in 
lieu of the known penalty deter illegal selling? 

Some street artists who uphold the law have been blamed 
for the Program's recent crackdowns and have, on five 
occasions, received threats against their property and 
physical being. 

If anything, the standard penalties should be increased 
to three months instead of three weeks for a first offense 
and six months instead of six weeks for a second offense. 

Street artists who receive suspensions always have the 
option to sell in Bay Area flea markets and fairs during 
their suspension period. 

A warning or reprimand will not teach violators a lesson 
because it will not give them value for their Program. 
It's a good Program and it should enforce its rules. 

It's harder and harder to work legally within the system 



STREET ARTISTS PROGRAM COMMITTEE - October 12, 1994 Page 3 



because the artists ' lottery size has increased 50% while 
some artists' income is down 50% from what it was ten 
years ago, due to the economy. 

The penalties should remain harsh for those who cheat 
the lottery system because such cheating circumvents 
another artist's obtaining a space; but the penalties 
should be mitigated for artists who sell in illegal loca- 
tions because such practice does not keep another artist 
from selling. 

The Commission's conviction rate should be higher, and 
the Program Director's word should be considered as 
weightier evidence over a street artist defendant's word. 

If street artists did not sell in the vacant illegal areas 
of Jefferson Street, such areas would fill up, as they 
do, with unlicensed vendors. 

The store merchants have not objected to the artists 
selling in the illegal areas of Jefferson Street. 

The Art Commission should slow down its rate of screening 
new licenseholders because the current number of license- 
holders is down to 430 while the largest recent lottery 
size was 215; whereas three years ago the Program had 
600 artists but the lottery size averaged 180. 

Even if it were legal to do so, the Commission's deliberate 
reduction of licenseholders would not lessen the current 
number of artists who choose to be in the lotteries. 

To alleviate the artists' "crunch" for spaces, the 
Commission adopted a "buddy system" to enable artists 
to share a space and also invited artists to propose Sat- 
urday selling locations for which the Commission could 
negotiate with the merchants and submit to the Board 
of Supervisors. 

The artists who sell illegally on Jefferson Street siphon 
off the tourist money that would have come up to Beach 
Street where the artists sell in legal spaces. 

There are always legal spaces in which the artists may 
sell; many artists choose, instead, to habitually sell 
in illegal locations which are more profitable. 



STREET ARTISTS PROGRAM COMMITTEE - October 12, 1994 Page 4 



- The Program Director's efforts in enforcing the ordinance 
should be supported, since the Police have demonstrated 
they they do not enforce the ordinance unless hired by 
the Street Artists Program to do so. 

- The Commission should exercise discernment in considering 
first-time offenders versus multiple-incident offenders: 
the Commission should "use its heart" by giving warnings 
or lesser penalties to first-timers. 

- The three-week suspension should be reduced to one week. 

- The Commission should not make its decisions in violation 
hearings based on whether or not the violator has children 
or based on other sympathetic views; the standard penalties 
should be maintained so people will know what can happen 

to them if they violate the regulations. 

Program Director Lazar clarified that one of the major 
reasons for the Commission's adopting standard penalties 
was the artists' accusations that, until then, the Commission 
had not acted consistently in its levying of penalties for 
the same offenses. Furthermore, the City Attorney had 
clarified that the Commission, in its consideration of any 
violation case, is not bound by its standard penalties: 
it has the authority to mitigate or increase the penalty. 
The Program Director urged that the standard penalties be 
maintained because the Commission has been entrusted by 
the voters to administer street artist regulations that 
are for the public safety - the very public who has allowed 
the artists to use its sidewalks. 

The Commissioners chose to not amend the current standard 
penalties nor to adopt guidelines for providing warnings. 
Commissioner Simon stated that her Committee would continue 
to consider each case on its own merit and would choose 
to impose a warning or a standard penalty. The Commissioner 
further stated that the Committee would not insist that 
the Program Director give a warning to every violator, that 
the Program Director should continue to use discretion in 
giving a warning. Commissioner Flynn stated that to add 
a formal warning to the hearing procedure would not add 
strength to the enforcement but would prolong the process; 
and the Committee could not turn a blind eye to repeated 
violators, many of whom may be in financial need. 



The meeting adjourned at 5:17 p.m 



Respectfully submitted: 

Howard Lazar , ^Director 
Street Artists Program 



A CCESSIBILITY IN FORMA TION 

^Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will be held at 
25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. All meetings are 
held in Suite 70, basement level, and can be accessed by the, two main elevators in the lobby of the 
building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to 
assist the city's efforts to accommodate such people, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accomodate these 
individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Sonia Gray in the Community Arts and Education Program at (415)554-9671 at 
least 72 hours prior to meeting. Late requests will be honored if possible. 



I- 



-7S. 



SAN FRANCISCO ART COMMISSION 



PROGRAMS 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

POPS Symphony Concerts 

Public Art Program 



STREET ARTISTS PROGRAM COMMITTEE | N0 TE: New Time 



Wednesday, November 9, 1994 - 3:00 p.m. 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 (basement area) 

San Francisco, California 






END 






Note: Public testimony is invited and shall be limited to three 

street artists licenses ( 3 ) minutes per person. No member of the public or witness 

suite 70 shall c r os s- examine another member of the public or witness 
unless approved by the Program Committee. 



415.252.2581 



Art Commission Gallery 

155 Grove Street I 

415.554.9682 



MOTION TO APPROVE RECOMMENDATION FROM STREET ARTIST LIAISON 
COMMITTEE THAT PROGRAM DIRECTOR REQUEST CLARIFICATION FROM 
CITY ATTORNEY AS TO WHETHER STREET ARTISTS PROGRAM HAS 
AUTHORITY TO CERTIFY "HAIR-WRAPPING" AS AN ART OR CRAFT 
ITEM UNDER ORD. 41-83 (STREET ARTIST ORDINANCE) 

II HEARING AND POSSIBLE MOTION TO APPROVE RULE PROVIDING FOR 
A CHAIR FOR A STREET ARTIST'S CUSTOMER TO BE INCLUDED IN 
THE DISPLAY SIZE DIMENSIONS (3' x 4' x 5') 

III HEARING AND POSSIBLE MOTION TO AMEND SPACE-SHARING "BUDDY" 
SYSTEM BY PROHIBITING PORTRAIT ARTISTS, CARICATURISTS, AND 
"FUN-SKETCHERS" FROM SPACE-SHARING 



4:00 p.m. IV 



D0 Cl »MFNTS OEPT. 

NOV 7 1994 

SAN FRANCISCO 
PUBLIC LIBRARY 




City and County of 
San Francisco 



HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE; 
MOTION TO APPROVE SUSPENSIONS OF CERTIFICATE 

The following street artists were observed on the following 
dates of summer, 1994, to have allegedly sold their wares 
in locations not designated by the Board of Supervisors: 

A. Ed Brandstetter (Certif. #2487); 8/4/94; 1st offense 
(hearing continued from 9/28/94) 

B. Bruce Epstein (Certif. #3970); 8/4/94; 1st offense 
(hearing continued from 9/28/94) 

C. Doo Shin (Certif. #3248); 8/4/94; 1st offense 
(hearing continued from 9/28/94) 

D. Mario Hernandez (Certif. #4412); 8/8/94; 1st offense 
(hearing continued from 9/28/94) 

E. Sergio Pezzutti (Certif. #4211); 8/8/94; 1st offense 

F. Kris Pokorny (Certif. #3569); 8/8/94; 1st offense 



Continued 



STREET ARTISTS PROGRAM COMMITTEE - 11/9/94 Agenda Page 2 



G. Werner Jurgens (Certif. #4433); 8/22/94; 1st offense 

H. Jose Da Silva (Certif. #4450); 8/24/94; 1st offense 

I. Sandra Blenio (Certif. #4294); 8/4/94; 8/8/94; 1st 
offense 

J. Phillip Schaffer (Certif. #4632); 8/4/94; 8/8/94; 1st 
offense 

K. Riccardo Amodei (Certificate #2396); 8/14/94; 1st offense 

L. Marshal Brewster (certificate #26); 8/20/94; 1st offense. 

M. Paul Mallette (Certificate #3793); 9/5/94; 1st offense. 

ADJOURNMENT 



ACCESSIBILITY INFORMATION 

Wursuafit to City policy and tlie requirements of tlie 1973 Rehabilitation Act and tlie 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on die comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from die building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415)554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon 
request at meetings. Please contact Sonia Gray in the Community Arts and Education Program at 
(4r5)252-2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 



S F 



AC 



/, 



AN FRANCISCO 



ART COMMISSION 



10-15 



& 



PROGRAMS 



Civic Art Collection 

Civic Desicn Review 

Community Arts 

& Education 

'OPS Symphony Concerts 

Public Art Program 



ET ARTISTS PROGRAM COMMITTEE 

November 9, 1994 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 

N U T E S 




NOV 2 8 1994 

SAN FRANCISCO 
PUBLIC LIBRARY 



Commissioners present: Terri Simon, Emily Keeler 

Street Artists Licenses 

Suite 70 _ , , _ „, 

415 252.2581 Commissioner absent: Tom Flynn 

Staff present: Director of Street Artists Program Howard Lazar 

art commission gallery Certification Clerk. Antoinette Worthy 



155 Grove Street 
415.554.9682 



Commissioner Simon, Chair, called the meeting to order at 3:05 
p.m. 

I MOTION TO APPROVE RECOMMENDATION FROM STREET ARTISTS LIAISON 
COMMITTEE THAT PROGRAM DIRECTOR REQUEST CLARIFICATION FROM 
CITY ATTORNEY AS TO WHETHER STREET ARTISTS PROGRAM HAS 
AUTHORITY TO CERTIFY "HAIR- WRAPPING" AS AN ART OR CRAFT 
ITEM UNDER ORD. 41-83 (STREET ARTIST ORDINANCE) 

Program Director Lazar reported that unlicensed individuals 
have been observed for the past year adjacent to street 
artist locations at Fisherman's Wharf to be wrapping threads 
in the hair of customers who pay the individuals for this 
service. A letter from a "hair-wrapper" named Donna Eaton 
had been received, requesting the Art Commission to consider 
licensing this activity as an "art form" in the Street 
Artists Program. The street artists of the Street Artists 
Liaison Committee had, at a recent meeting, expressed 
endorsement of the request and voted to recommend that 
the Program Director seek clarification from the City Attor- 
ney as to whether this "art form" would qualify under the 
street artist ordinance for certification. 




City and County of 

San Francisco III 



Street Artist Gerard Cracas told the Commissioners that 
this issue was settled in San Diego and Key West: "hair- 
wrappers" have to get cosmetology licenses in those cities. 

Commissioner Keeler moved that the Program Director request 
City Attorney clarification; the motion was seconded by 
Commissioner Simon and unanimously approved. 

HEARING AND POSSIBLE MOTION TO APPROVE RULE PROVIDING FOR 
A CHAIR FOR A STREET ARTIST'S CUSTOMER TO BE INCLUDED IN 
THE DISPLAY SIZE DIMENSIONS (3 1 x 4' x 5') 

HEARING AND POSSIBLE MOTION TO AMEND SPACE-SHARING "BUDDY" 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - November 9, 1994 Page 2 



SYSTEM BY PROHIBITING PORTRAIT ARTISTS, CARICATURISTS, 
AND "FUN-SKETCHERS" FROM SPACE- SHARING 

The Commissioners chose to hear the above two interrelated 
items simultaneously. The Program Director stated that 
the issues came to him in the form of a complaint by one 
artist against two caricaturists who allegedly had shared 
a selling space, exceeded the dimensions of the space by 
providing chairs for themselves and their customers, and 
allowed the crowd that gathered to watch them draw disturb 
the business activity of the adjacent artist. The Commis- 
sioners received the following differing testimony on the 
issues by the following artists (caricaturists and non- 
caricaturists) : Robert Clark, William Clark, Barry "Lefty" 
Prager, Ray Jones, Virginia Burris, Viva Brandau-Amzil, 
Joven Kerekes, Drew Flores, Gerard "Pepper" Cracas, Martin 
Butschek, and Bruce Epstein: 

- One type of artist (portrait artist, caricaturist) cannot 
be eliminated from Commission's adopted policy of allowing 
artists to share spaces, due to equal protection of the 
law. 

- The display being shared by two artists must be within 
the 3' x 4' x 5' regulations and not be two displays 
joined together, as some artists have tried to do. 

- Unlike the view expressed in the complaint, some of the 
best business days enjoyed by a non-portrait artist were 
because of the crowd engendered by adjacent portrait 
artists . 

- Visitors to the Wharf want to be entertained; artists 
who attract happy customers who buy create a climate 
beneficial for all artists and store merchants. 

- Many artists have their display spread out beyond the 
boundaries, including the bags of merchandise of the 
person who submitted the complaint (as shown allegedly 
in a photo submitted to the Commissioners). 

- Any conscientious portrait artist can angle his/her 
display so their crowd won't interfere with other artists. 

- While portrait artists, like all street artists, should 
not be required to have their own chairs within the pres- 
cribed dimensions, portrait artists should be required 

to have their customers' chairs within the dimensions. 









STREET ARTISTS PROGRAM COMMITTEE - November 9, 1994 Page 3 



- Most portrait artists comply when other artists ask them 
to control their crowd. 

- A portrait artist cannot draw his customer when the 
customer is sharing the 3' x 4' space dimnensions with 
the artist, as the artist requires some distance to 
observe and draw the features. 

- The two artists of the complaint have created a display 
more in compliance with the regulations. 

Commissioner Keeler stated that, by and large, the way 
the caricaturists and portrait artists have been conducting 
their business is the way the Commission would like them 
to continue, but the Commissioners stand ready to hear 
any case of complaint regarding excessive, improper, 
disorderly or hazardous conduct of business. Commissioner 
Simon concurred and stated that if the Commission were 
to receive many such complaints, the Commissioners would 
consider adopting further restrictions. 

IV HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE; 
MOTION TO APPROVE SUSPENSIONS OF CERTIFICATE 

A. Bruce Epstein (Certificate #3970); alleged violation 
August 4, 1994: selling in a location not designated 
by Board of Supervisors (Beach St., south side, Hyde 
to Jefferson Streets); hearing continued from September 
28th. The Program Director had notified Street Artist 
Richard Blue to give testimony, as had been requested 
by Mr. Epstein, that Mr. Epstein had allegedly wheeled 
his display out of his legal space on Hyde Street to 
Jefferson Street in order to have a chat with Mr. Blue 
and not to sell there. Mr. Blue was not present. 

Mr. Epstein stated that when he moved his display, he 
did not have a cover to place over the merchandise. 
He submitted a letter on his behalf allegedly signed 
by Mr. Blue. Street Artist Charles Strobino testified 
that Mr. Epstein had been occupying a legal space near 
him on Hyde Street. 

Program Director Lazar informed the Committee that the 
City Attorney's office had clarified that a letter 
without the support of its author's testimony at a hear- 
ing would be considered heresay because the Program 
would be deprived of cross-examination. Secondly, it 
did not matter whether an artist were signed into a 



STREET ARTISTS PROGRAM COMMITTEE - November 9, 1994 Page 4 



legal space; if he exposed his items in an illegal space 
he was in violation: Section 7(b) of the street artist 
ordinance prohibits any street artist "to sell, offer 
for sale" or " expose " (emphasis added) "for sale ... 
any art or craft work of the person's own creation on 
any public street or public place where such activities 
are not permitted ..." 

In response to a question put forth by Mr. Lazar, Mr. 
Epstein said that he couldn't recall whether he was 
standing with his display to the west or to the east 
of Mr. Blue when he chose to converse with him on that 
day. Mr. Lazar told the Committee that Mr. Blue, accord- 
ing to the sign-up sheet, was in the first space on 
Jefferson Street which would have prohibited any room 
for another artist and his display to be west of him, 
and that the photograph of the alleged violation showed 
Mr. Epstein facing eastward, away from - and not convers- 
ing with - Mr. Blue. The photo showed Mr. Epstein behind 
his display of fully exposed jewelry. 

Commissioner Simon moved that Bruce Epstein be found 
in violation of the street artist ordinance by selling 
in a location not designated by the Board of Supervisors, 
and that Mr. Epstein's certificate be suspended for 
a period of three weeks (deffered until after the holiday 
selling season), commencing January 16, 1995; the motion 
was seconded by Commissioner Keeler and unanimously 
approved. 

Mr. Epstein requested that the suspension commence 
January 2nd. Commissioner Keeler moved that the previous 
vote be amended to reflect that the three-week suspension 
of Bruce Epstein's certificate commence January 2, 1995; 
the motion was seconded by Commissioner Simon and unan- 
mously approved. 

Ed Brandstetter (Certificate #2487); alleged violation 
August 4, 1994: selling in a location not designated 
by the Board of Supervisors (Jefferson Street, south 
side, Hyde to Leavenworth Streets); hearing continued 
from September 28th. Mr. Brandstetter was not present. 
The Commissioners reviewed the evidence and minutes 
of the September 28th hearing in which Mr. Brandstetter 
had admitted selling in an illegal location on August 
4th. Under the Commission's "Hearing Procedure of Street 
Artist Violations," the Committee acknowledged that 
an artist's failure to appear for a violation hearing 



STREET ARTISTS PROGRAM COMMITTEE - November 9, 1994 Page 5 



could result in a Program Committee recommendation of 
the penalty for the violation of which the artist has 
been charged. Commissioner Simon moved that Ed Brand- 
stetter be found in violation of the street artist 
ordinance by selling in a location not designated by 
the Board of Supervisors, and that Mr. Brandstetter ' s 
certificate be suspended for a period of three weeks 
commencing January 16, 1995; the motion was seconded 
by Commissioner Keeler and unanimously approved. 

C. Doo Shin (Certificate #3248); alleged violation August 
4, 1994 (selling in a location not designated by the 
Board of Supervisors (Jefferson Street, south side, 
Hyde to Leavenworth Streets); hearing continued from 
September 28th. Mr. Shin was not present. The Com- 
missioners reviewed the evidence and the minutes of 

the September 28th hearing in which Mr. Shin had admitted 
selling in an illegal location on August 4th. Commis- 
sioner Keeler moved that Doo Shin be found in violation 
of the street artist ordinance by selling in a location 
not designated by the Board of Supervisors, and that 
Mr. Shin's certificate be suspended for a period of 
three weeks commencing January 16, 1995; the motion 
was seconded by Commissioner Simon and unanimously ap- 
proved. 

D. Mario Hernandez (Certificate #4412); alleged violation 
August 8, 1994: selling in a location not designated 
by the Board of Supervisors (Jefferson Street, south 
side, Hyde to Leavenworth Streets); hearing continued 
from September 28th. Mr. Hernandez was not present. 
The Commissioners reviewed the evidence and the minutes 
of the September 28th hearing in which Mr. Hernandez's 
attorney had stated that her client had moved from a 
legal space on Hyde Street to Jefferson Street because 
of serious health reasons which make it difficult for 
him to bear the wind. The Committee also acknowledged 
a letter from Howard Edelstein, M.D., The Permanente 
Medical Group, Inc., which described Mr. Hernandez's 
medical conditions. 

Program Director Lazar stated that several years before, 
when the Street Artists Program was considering granting 
priority certificates, above the waiting list, to persons 
with terminal illness or severe health conditions, the 
City Attorney clarified that the street artist ordinance 
did not give the Art Commission the authority make such 
considerations, and that, to do so, the ordinance would 



STREET ARTISTS PROGRAM COMMITTEE - November 9, 1994 Page 6 



have to be amended by the vote of the people. 

Commissioner Simon observed that in the photograph of 
the alleged violation Mr. Hernandez's merchandise ap- 
peared fully on display, a folding chair was open behind 
the display, and Mr. Hernandez was next to the chair 
and leaning against a vehicle. Commissioner Simon moved 
that Mario Hernandez be found in violation of the street 
artist ordinance by selling in a location not designated 
by the Board of Supervisors, and that Mr. Hernandez's 
certificate be suspended for a period of three weeks 
commencing January 16, 1995; the motion was seconded 
by Commissioner Keeler and unanimously approved. 

E. Sergio Pezzutti (Certificate #4211); alleged violation 
August 8, 1994: selling in a location not designated 
by the Board of Supervisors (Jefferson Street, south 
side, Hyde to Leavenworth Streets). The Commissioners 
reviewed the evidence (a photo taken by the Program 
Director showing Mr. Pezzutti behind his display and 

a customer looking at the merchandise). Mr. Pezzutti 
admitted having sold in an illegal location on August 
8th and requested that any suspension of his certificate 
commence on January 2, 199 5. Commissioner Keeler moved 
that Sergio Pezzutti be found in violation of the street 
artist ordinance by selling in a location not designated 
by the Board of Supervisors, and that Mr. Pezzutti' s 
certificate be suspended for a period of three weeks 
commencing January 2, 1995; the motion was seconded 
by Commissioner Simon and unanimously approved. 

F. Kris Pokorny (Certificate #3569); alleged violation 
August 8, 1994: selling in a location not designated 
by the Board of Supervisors (Jefferson Street, south 
side, Hyde to Leavenworth Streets). Mr. Pokorny was 
not present. The Commissioners reviewed the evidence 
(a photo taken by the Program Director of Mr. Pokorny 
leaning against a vehicle behind his open display, 
facing the pedestrian thoroughfare). Commissioner Keeler 
moved that Kris Pokorny be found in violation of the 
street artist ordinance by selling in a location not 
designated by the Board of Supervisors, and that Mr. 
Pokorny ' s certificate be suspended for a period of three 
weeks commencing January 16, 1995; the motion was 
seconded by Commissioner Simon and unanimously approved. 

G. Werner Jurgens (Certificate #4433); alleged violation 
August 22, 1994: selling in a location not designated 



STREET ARTISTS PROGRAM COMMITTEE - November 9, 1994 Page 7 



by the Board of Supervisors (Beach Street, north side, 
Hyde to Leavenworth Streets). Mr. Jurgens was not pre- 
sent. The Commissioners reviewed the evidence (two 
photographs taken by the Program Director of Mr. 
Jurgens ' s watercolor paintings mounted on the black 
metal door of the Wharfside Building opposite the street 
artist spaces, just east of space "C-5"). The Program 
Director testified that all the adjacent spaces were 
occupied by street artists, and that Mr. Jurgens removed 
his paintings and left the street after seeing the 
Director photograph them. Commissioner Keeler moved 
that Werner Jurgens be found in violation of the street 
artist ordinance by selling in a location not designated 
by the Board of Supervisors, and that Mr. Jurgens ' s 
certificate be suspended for a period of three weeks 
commencing January 16, 1995; the motion was seconded 
by Commissioner Simon and unanimously approved. 

H. Jose Da Silva (Certificate #4450); alleged violation 
August 24, 1994: selling in a location not designated 
by the Board of Supervisors: Jefferson Street, south 
side, Hyde to Leavenworth Streets. Mr. Da Silva was 
not present. The Commissioners reviewed the evidence 
(a photograph taken by the Program Director of Mr. 
Da Silva next to his display which fully exposed his 
items to the pedestrian thoroughfare). Program Director 
Lazar testified to having observed Mr. Da Silva in the 
above illegal location for approximately ten minutes 
during which time his display was open for business 
and Mr. Da Silva was watching passersby and intermit- 
tently working on a handwoven bracelet (the craft for 
which he is certified). Commissioner Simon moved that 
Jose Da Silva be found in violation of the street artist 
ordinance by selling in a location not designated by 
the Board of Supervisors, and that Mr. Da Silva 's certif- 
icate be suspended for a period of three weeks commenc- 
ing January 16, 1995; the motion was seconded by Commis- 
sioner Keeler and unanimously approved. 

I. Sandra Blenio (Certificate #4294); alleged violations 

August 4 and 8, 1994: selling in locations not designated 
by the Board of Supervisors (Jefferson Street, south 
side, Hyde to Leavenworth Streets). Ms. Blenio was not 
present. The Commissioners reviewed the evidence 
(photographs taken by the Program Director of 
Ms. Blenio 1 s display of exposed merchandise in il- 
legal locations on two days, as well as a sign-up sheet 
and the Program Director's logbook listing those artists 



STREET ARTISTS PROGRAM COMMITTEE - November 9, 1994 Page 8 



who were in legal locations. Commissioner Keeler moved 
that Sandra Blenio be found in violation of the street 
artist ordinance by selling in a location not designated 
by the Board of Supervisors on two occasions, and that 
Ms. Blenio' s certificate be suspended for a period of 
three weeks and one day commencing January 16, 1995; 
the motion was seconded by Commissioner Simon and unan- 
imously approved. 

J. Phillip Schaffer (Certificate 34632); alleged violations 
August 4 and 8, 1994: selling in locations not designated 
by the Board of Supervisors (Jefferson Street, south 
side, Hyde to Leavenworth Streets). The Commissioners 
reviewed the evidence (photographs taken by the Program 
Director of Mr. Scaffer and display in illegal locations 
on two occasions, as well as a sign-up sheet and the 
Program Director's logbook listing those artists who 
were in legal spaces). It was noted that the first 
incident, August 4th, occurred one day prior to Mr. 
Schaffer 's receiving his street artist certificate, 
and that this, as stated by Street Artist William Clark, 
could not be considered as a first offense because he 
did not have a certificate at the time. 

Mr. Schaffer admitted that he had sold in the illegal 
locations and requested that any suspension he be given 
commence on January 2, 1995. 

Commissioner Simon moved that Phillip Schaffer be found 
in violation of the street artist ordinance by selling 
in a location not designated by the Board of Supervisors 
(August 8th), and that Mr. Schaf f er ' s certificate be 
suspended for a period of three weeks commencing January 
2, 1995; the motion was seconded by Commissioner Keeler 
and unanimously approved. 

K. Riccardo Amodei (Certificate #2396); alleged violation 
August 14, 1994: selling in a location not designated 
by the Board of Supervisors (2850 Hyde Street, Beach 
to Jefferson Streets). The Commissioners reviewed the 
evidence (a copy of the citation and incident report 
issued by Officer Craig Tom) . Officer Craig Tom 
testified to his report and stated that Mr. Amodei was 
set up with his display in the mid-block area of Hyde 
Street, the unmarked area between street artist spaces 
"H-12" and "H-13," and was selling his leather bracelets. 
When the officer explained to him that he wasn't in 
an authorized space, Mr. Amodei told him he chose to 



STREET ARTISTS PROGRAM COMMITTEE - November 9, 1994 Page 9 



sell there because no one else was there. 

Mr. Amodei stated that he told the officer that he was 
waiting for Street Artist Daniel De Guevara to leave 
at 1:00 p.m. so that he, Amodei, could occupy his space. 
All spaces were occupied. As a fifteen-year artist 
in the Program, he said, he never broke the rules. 

Street Artists Ray Jones and Virginia Burris testified 
to Mr. Amodei ' s reputation for abiding by the rules. 

Commissioner Simon noted that, from the testimony, Mr. 
Amodei ' s items were exposed for sale; if he were waiting 
to move into a space, he should have had the items 
covered. 

Mr. Amodei requested that any suspension he be given 
commence February 16, 1995. 

Commissioner Simon moved that Riccardo Amodei be found 
in violation of the street artist ordinance by selling 
in a location not designated by the Board of Supervisors, 
and that Mr. Amodei 's certificate be suspended for a 
period of three weeks commencing February 16, 1995; 
the motion was seconded by Commissioner Keeler and unan- 
mously approved. 

L. Marshal Brewster (Certificate #26); alleged violation 
August 20, 1994: selling in a location not designated 
by the Board of Supervisors (670 Beach Street). Mr. 
Brewster was not present. The Commissioners reviewed 
the evidence (a copy of a citation and incident report 
issued by Officer Craig Tom) . Officer Craig Tom 
testified to his report: Mr. Brewster told him he was 
in the process of moving into an authorized space, but 
the officer had observed him in the illegal location 
an hour earlier with his display of sweatshirts entirely 
exposed. Commissioner Simon moved that Marshal Brewster 
be found in violation of the street artist ordinance 
by selling in a location not designated by the Board 
of Supervisors, and that Mr. Brewster's certificate 
be suspended for a period of three weeks commencing 
January 16, 1995; the motion was seconded by Commis- 
sioner Keeler and unanimously approved. 

M. Paul Mallette (Certificate #3793); alleged violation 
September 5, 1994 (Labor Day): selling in a location 
not designated by the Board of Supervisors (Hyde Street, 



STREET ARTISTS PROGRAM COMMITTEE - November 9, 1994 Page 10 



east side, Beach to Jefferson Streets). Mr. Mallette 
was not present. The Commissioners reviewed the evi- 
dence (a copy of a citation and incident report by 
Officer Craig Tom) . Officer Craig Tom testified to 
his report: Mr. Mallette was in an unauthorized space 
and had written the number "12" in chalk on the side- 
walk, whereas the official space "12" was twenty feet 
north of Mr. Mallette. 

Commissioner Simon moved that Paul Mallette be found 
in violation of the street artist ordinance by selling 
in a location not designated by the Board of Super- 
visors, and that Mr. Mallette 's certificate be suspended 
for a period of three weeks commencing January 16, 1995; 
the motion was seconded by Commissioner Keeler and unan- 
imously approved. 

The meeting adjourned at 5:00 p.m. 

Respectfully submitted: 



Howard Lazar 

Director 

Street Artists Program